Loading...
HomeMy WebLinkAboutResolution_20-02/03_02/13/2003• RESOLUTION NO. ~.0 - o21a3 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE AND RELA t rte INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH, TO ALLOW THE VII,LAGE OF TEQUESTA TO PURCHASE A SUTPHEN CUSTOM RESCUE PUMPER MONARCH SERIES AND RELAt~t~ LOOSE EQUIPMENT IN THE AMOUNT OF $397,922.02, HAVING APPROPRIAt~t~ AND BUDGETED FUNDS TO PAY INTEREST AND PRINCIPAL IN FISCAL YEAR 9/30/03, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE DOCUMENTS ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Whereas, the governing body of the Village of Teauesta. ("Lessee") desires to obtain certain equipment (the "Equipment") described in Equipment Schedule "A" to the • Master Lease Agreement (collectively, the "Lease") with Leasing 2, Inc., the form of which has been available for review by the governing body of Lessee prior to this meeting; and Section 2. Whereas, the Equipment is essential for the Lessee to perform its governmental functions; and Section 3. Whereas, the funds made available under the Lease will be deposited into an Escrow Account pursuant to the Lease and will be applied to the acquisition of the Equipment in accordance with the Lease; and Section 4. Whereas, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and Section 5. Lessee proposes to enter into the Lease with Leasing 2, Inc., substantially in the form presented to this meeting. Section 6. It is hereby found and determined that the terms of the Lease and related instruments (collectively, the "Financing Documents") in the forms presented to this meeting and incorporated in this Resolution are in the best interests of Lessee for the acquisition of the Equipment. Section 7. The Financing Documents and the acquisition and financing of the Equipment under the terms and conditions as described in the Financing Documents are hereby approved. The Village Manager of Lessee and any other officer of Lessee who shall have • power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the Financing Documents with any changes, insertions and orrussions there to as may be approved by the officers who execute the Financing Documents, such approval to be conclusively evidenced by such execution and delivery of the Financing Documents. The of the Lessee and any other officer of Lessee who shall have power to do so be, and each of them hereby is, authorized to affix the official_ seal of Lessee to the Financing Documents and attest the same. Section 8. The proper officers of Lessee be, and each of them hereby is authorized and directed to executed and deliver any and all papers, instniments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Financing Documents. - Section 9. Pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended (the "Code"), Lessee hereby specifically designates the Lease as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code. gP , • FOR ADOPTION AGAINST ADOPTION • d~U~.lov C7~co - i (~c~.wie~P ~Fivtn~v .L~a~-~- Ct(~t(a~- vet-~~a~ ~ The_Mayor thereupon declared the Resolution duly passed and adopted this ~ 3 day of l , 2003. MAYOR OF TEQUESTA !! :;.-.. Ger- a~irie A. Genc°~ ~' ATTEST: Ma~iles Village Clerk THE FOREGOING RESOLUTION WAS Orr~RED BY Councilmember who moved its adoption. The motion was seconded by Councilmember ,S )'1~ (~ ,and upon bein ut to vote the vote was as follows: leasing 2 J _ _- _~ government leasing specialists March 17, 2003 \ i J~t~t1 Forsythe Finance Director Village of Tequesta 250 Tequesta Dr., Suite 300 Tequesta, Florida 33469-0273 Re: Lease and Purchase Agreement Dear Jody: 1 ~, ! % (~ lob ~~tin.~ ~ 1 6v d ,lad' ,Y ~o #b~ V'/c ~J ~.,.~~~~L4 ' ~w~,u~ ~~ Enclosed for your records please find fully executed copies of our recenfi lease agreement. Thank you for the trust and confidence you have placed in Leasing 2 by awarding us this business. As our customer, we valve you, your business and our relationship. You can depend on Leasing 2 to always provide you with the highest • level of leasing expertise and customer care available. It has been a pleasure working with you and Village of Tequesta to provide these services. If we can ever be of further assistance, please do not hesitate to contact me at 800-287-5155. Best regards, 4 _. _._....... -. ..r. Brad Meyers BMilf ~~~ encl. ~~ ~~ ,~ • LEASING 2, INC. MASTER LEASE AGREEMENT LEASE NUMBER: This MASTER LEASE AGREEMENT (the "Agreement"), dated as of February 13, 2003 is made and entered into by and between Leasing 2, Inc., a Florida corporation, as lessor (the "Lessor"), and VILLAGE OF TEQUESTA, FLORIDA, a political subdivision of the State of Florida, as lessee ("Lessee"). In consideration of the mutual covenants herein contained, the parties hereto agree as follows: ARTICLE I. DEFINITIONS AND EXHIBITS Section 1.1- Definitions. The following terms have the meanings specified below. "Acceptance Certificate" means each Acceptance Certificate delivered by Lessee as part of an Equipment Schedule certifying as to the delivery, installation and acceptance of Equipment. "Agreement" means this Master Lease Agreement and all Equipment Schedules hereto. "Agreement Date" means the date first written above. '°Code" means the Internal Revenue Code of 1986, as amended, together with Treasury Regulations promulgated from time to time thereunder. "Equipment" means all items of property described in Equipment Schedules and subject to this Agreement. "Equipment Group" means each group of Equipment listed in a single Equipment Schedule. "Equipment Schedule" means each sequentially numbered schedule executed by Lessor and Lessee with respect to an Equipment Group. crow Account" means the equipment acquisition account established by Lessor pursuant to the Agreement. vents of Default" means those events described in Section 12. I . "Fiscal Year" means each 12-month fiscal period of Lessee. "Interest" means the portion of a Rental Payment designated as and comprising interest as provided in a Payment Schedule. "Lease" means, with respect to each Equipment Group, this Agreement and the Equipment Schedule relating thereto, which together shall constitute a separate contract between Lessor and Lessee relating to such Equipment Group. "Lease Date" means, with respect to each Lease, the date so designated in the related Equipment Schedule and the commencement date of the interest component as provided in the related Payment Schedule. "Lease Term" means, with respect to each Equipment Group, the period during which the related Lease is in effect as specified in Section 3.1. "Net Proceeds" means any insurance proceeds or condemnation awards paid with respect to any Equipment remaining after payment therefrom of all expenses incurred in the collection thereof. "Non-Appropriation" means the failure of Lessee, Lessee's governing body, or, if applicable, the governmental entity from which Lessee obtains its operating and/or capital funds to appropriate money for any Fiscal Year sufficient for the continued performance by Lessee of all of Lessee's obligations under this Agreement, as evidenced by the passage of an ordinance or resolution specifically prohibiting Lessee from performing its obligations under this Agreement with respect to any Equipment, and from using any moneys to pay any Rental Payments due under this Agreement for a designated Fiscal Year and all subsequent Fiscal Years. "Payment Date" means each date upon which a Rental Payment is due and payable as provided in a Payment Schedule. "Payment Schedule" means the schedule of Rental Payments attached to an Equipment Schedule. ~icipal" means the portion of any Rental Payment designated as and comprising principal as provided in a Payment Schedule. "Prepayment Price" means the amount so designated and set forth opposite a Payment Date in a Payment Schedule indicating the amount for which Lessee may purchase the related Equipment Group as of such Payment Dale after making the Rental Payment due on such Payment Date. - 2/10/0] .LES-BQ-ESR.DOC/rev 5/01/lessor/L? "Rental Payment" means each payment due from Lessee to Lessor on a Payment Date. "Specifications" means the bid specifications and/or purchase order pursuant to which Lessee has ordered any Equipment from a Vendor. ,ate" means the state or commonwealth in which Lessee is situated. "Vendor" means each of the manufacturers or vendors from which Lessee has ordered or with which Lessee has contracted for the manufacture, delivery and/or installation of the Equipment. Section 1.2. F.xhihits. Fxhihir,~; Equipment Schedule including form of Acceptance Certificate and form of Payment Schedule. Fxhihit R-l : Form of Tax Agreement and Arbitrage Certificate (Escrow). F.xhihir C'-1: Form of Resolution of the Governing Body of Lessee relating to each Lease (Escrow). Fxhihit f): Form of Incumbency Certificate as to each officer or representative of Lessee executing this Agreement or any Lease. Fxhihit F.: Form of Opinion of Independent Counsel to Lessee. Fxh;h~+ F; , Form of Payment Request Form. Exhilzi+ ~-t : Form of Confirmation of Outside Insurance. Exhibi+ r-2: Form of Questionnaire for Self-Insurance and Addendum to Equipment Schedule Relating to Self-Insurance. ARTICLE II. LEASE OF EQUIPMENT Rectinn 2.1. Acquisition of F.n ~inment. Prior to the addition of any Equipment Group, Lessee shall provide Lessor with a description of the equipment proposed to be subject to a Lease hereunder, including the cost and vendor of such equipment, the expected delivery date and the desired lease terms for such equipment, and such other information as the Lessor may require. [f Lessor, in its sole discretion, determines the proposed equipment may be subject [o a Lease hereunder, Lessor shall furnish to Lessee a proposed Equipment Schedule relating to the Equipment Group for execution by Lessee and then Lessor. By execution hereof, Lessor has made no commitment to lease any equipment to Lessee. Section 2.2. Dishnrsement. Lessor shall have no obligation to make any disbursement to a Vendor or reimburse Lessee for any payment made to a Vendor for an Equipment Group (or, if the escrow procedure described in Section 2.4 hereof is utilized, consent to a disbursement) until five (5) business days after Lessor has received all of the following in form and substance satisfactory to Lessor: (a) a completed Equipment Schedule executed by Lessee; (b) an Acceptance Certificate in the form included with Exhibit A hereto; (c) a lution or evidence of other official action taken by or on behalf of the Lessee to authorize the acquisition of the Equipment Group on terms provided in such Equipment Schedule; (d) a Tax Agreement and Arbitrage Certificate in the form of Exhibit B-1 (as applicable) attached hereto; (e) evidence of insurance with respect to the Equipment Group in compliance with Article VII of this Agreement; (f) Vendor invoice(s) and/or bill(s) of sale relating to the Equipment Group, and if such invoices have been paid by Lessee, evidence of payment thereof and evidence of official intent to reimburse such payment as required by the Code; (g) financing statements naming Lessee as debtor and/or the original certificate of title or manufacturer's certificate of origin and title application, if any, for any Equipment which is part of such Equipment Group and is subject to certificate of title laws; (h) a completed and executed Form 8038-G or 8038-GC, as applicable, or evidence of filing thereof with the Secretary of Treasury; (i) an opinion of counsel to the Lessee substantially in the form of Exhibit E hereto, and Q) any other documents or items reasonably required by Lessor. Section 2.3. I.P~ce; Possession a~rl i1se. Lessor hereby leases the Equipment to Lessee, and Lessee hereby leases the Equipment from Lessor, upon the terms and conditions set forth herein. Lessee shall have quiet use and enjoyment of and peaceably have and hold each Equipment Group during the related Lease Term, except as expressly set forth in this Agreement. Section 2.4. F.scr~w Prnredure, [f Lessor and Lessee agree that the cost of an Equipment Group is to be paid from an Escrow Account: (a) Lessor and Lessee shall execute an Equipment Schedule relating to such Equipment Group; and (b) Lessor shall deposit an amount into the Escrow Account sufficient to cover the cost of the Equipment Group at delivery. All amounts deposited by Lessor into the Escrow Account shall constitute a loan from Lessor to Lessee that shall be repaid by the Rental Payments due under the related Lease. ARTICLE III. TERM Section 3.1. Term. This Agreement shall be in effect from the Agreement Date until the earliest of (a) termination under Section 3.2 or (b) termination under Section 12.2; rnvided, hmace~r, no Equipment Schedules shall be executed after any Non-Appropriation or Event of Default. Each Lease with respect to an Equipment Group shall be in effect for a Lease Term commencing upon the Lease Date and ending as provided in Section 3.5. Section 3.2_ Termination by Lessee. [n the sole event ofNon-Appropriation, this Agreement and each Lease hereunder shall terminate, in whole, but not in part, as to all Equipment effective upon the last day of [he Fiscal Year for which funds were appropriated, in the manner and subject to the terms specified in this Article. Lessee may effect such termination by giving Lessor a written notice of ination and by paying to Lessor any Rental Payments and other amounts which are due and have not been paid at or before the end of en current Fiscal Year. Lessee shall endeavor to give notice of such termination not less than ninety (90) days prior to the end of the tscal Year for which appropriations were made, and shall notify Lessor of any anticipated termination. In the event of termination of this Agreement as provided in this Section, Lessee shall comply with the instructions received from Lessor in accordance with Section 12.3. Section 3.3. F,ffect of Termination. Upon termination of this Agreement as provided in Section 3.2, Lessee shall not be responsible for the payment of any additional Rental Paymetts coming due in succeeding Fiscal Years, but if Lessee has not complied with the instructions U 10/03: LES-BQ-ESR. DOC/rev.5/01 Aessor/L2 received from Lessor in accordance with Section 12.3, the termination shall nevertheless be effective, but Lessee shall be responsible for the payment of damages in an amount equal to the amount of the Rental Payments that would thereafter have come due if this Agreement had not been terminated and which are attributable to the number of days after which Lessee fails to comply with Lessor's instructions and any other loss suffered by Lessor as a result of Lessee's failure to take such actions as required. nn_cnhctitiitinn. If this Agreement is terminated by Lessee in accordance with Section 3.2, to the extent permitted by State aw, Lessee agrees not to purchase, lease, rent, borrow, seek appropriations for, acquire or otherwise receive the benefits of any personal property to perform the same functions as, or functions taking the place of, those performed by any of the Equipment, and agrees not to permit such functions to be performed by its own employees or by any agency or entity affiliated with or hired by Lessee, for a period of one year following such termination; ~rnviriPrj, howPUPr, these restrictions shall not be applicable in the event the Equipment shall be sold by Lessor and the amount received from such sale, less all costs of such sale, is sufficient to pay the then applicable Prepayment Prices relating thereto as set forth in the Equipment Schedules; or to the extent the application of these restrictions is unlawful and would affect the validity of this Agreement. Section 3.5. Termination of I.eacP TPrpl, The Lease Term with respect to any Lease will terminate upon the occurrence of the first of the following events: (a) the termination of this Agreement by Lessee in accordance with Section 3.2; (b) the payment of [he Prepayment Price by Lessee pursuant to Article V; (c) an Event of Default by Lessee and Lessor's election to terminate such Lease pursuant to Article XII; or (d) the payment by Lessee of all Rental Payments and all other amounts authorized or required to be paid by Lessee pursuant to such Lease. ARTICLE IV. RENTAL PAYMENTS Section 4.1. Rental Payments. The Lessee agrees to pay the Rental Payments due as specified in the Payment Schedule in Exhibit A. A portion of each Rental Payment is paid as interest as specified in the Payment Schedule of each lease, and the first Rental Payment will include Interest accruing from the Lease Date. Lessor is authorized to insert the due date of the first Rental Payment in the Payment Schedule in Exhibit A. All Rental Payments shall be paid to Lessor, or to such assignee(s) Lessor has assigned as stipulated in Article XI, at such places as Lessor or such assignee(s) may from time to time designate by written notice to Lessee. Lessee shall pay the Rental Payments with lawful money of the United States of America from moneys legally available therefore. Crrtinn 4.2. C'nrrent F.x~g. The obligations of Lessee, including its obligation to pay the Rental Payments due in any Fiscal Year of a Lease Term, shall constitute a current expense of Lessee for such Fiscal Year and shall not constitute an indebtedness of Lessee within the meaning of the Constitution and laws of the State. Nothing herein shall constitute a pledge by Lessee of any taxes or other moneys (other than moneys lawfully appropriated from time to time by or for the benefit of Lessee for this Agreement and the Net Proceeds of the ipment) to the payment of any Rental Payment or other amount coming due hereunder. d_3 Iincnnditional Rental Payments. The Lessee's obligation to make Rental Payments shall be absolute and unconditional. Also, any other payments required hereunder shall be absolute and unconditional. Lessee shall make these payments when due and shall not withhold any of these payments pending final resolution of any disputes. The Lessee shall not assert any right of set-off or counterclaim against its obligation to make these payments. Lessee's obligation to make Rental Payments or other payments shall not be abated through accident, unforeseen circumstances, failure of the Equipment to perform as desired, damage or destruction to the Equipment, loss of possession of the Equipment or obsolescence of the Equipment. The Lessee shall be obligated to continue to make payments required of it by this Agreement if title to, or temporary use of, the Equipment or any part thereof shall be taken under exercise of the power of eminent domain. ARTICLE V. OPTION TO PREPAY $ectinn 5-I. notion to Prena~v. Lessee shall have the option to prepay its obligations under any Lease in whole but not in part on any Payment Date for the then applicable Prepayment Price as set forth in the related Payment Schedule, provided there has been no Non- Appropriation or Event of Default. Cr~rinn 5.2. F.YPrcice ~f O t~ inn. Lessee shall give notice to Lessor of its intention to exercise its option not less than thirty (30) days prior to the Payment Date on which the option will be exercised and shall pay to Lessor not later than such Payment Date an amount equal to all Rental Payments and any other amounts then due or past due under the related Lease (including the Rental Payment due on the Payment Date on which the option shall be effective) and the applicable Prepayment Price set forth in the related Payment Schedule. In the event that all such amounts are not received by Lessor on such Payment Date, such notice by Lessee of exercise thereof shall be void and the related Lease shall continue in full force and effect. Section 5.3. Release of I.essnr's Interest. Upon receipt of the Prepayment Price in good funds with respect to any Equipment Group, the Lease with respect to such Equipment Group shall terminate and Lessee shall become entitled to such Equipment Group AS IS, WHERE [S, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, CNCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY LESSEE, except that such Equipment Group shall not be subject to any lien or encumbrance created by or arising through Lessor. TICLE VI. REPRESENTATIONS, WARRANTIES AND COVENANTS nrecPntatinns a~rl warranties of Lessee. Lessee represents and warrants as of the Agreement Date and as of each Lease Date as follows: (a) Lessee is a state or political subdivision of the State within the meaning of Section 103(c) of the Code, duly organized and existing under the Constitution and laws of the State, and is authorized under the Constitution and laws of the State to enter into this ?/10/03tES-BQ-ESR DOC/rev 5/01llessor/L? Agreement, each Lease and the transactions contemplated hereby and thereby, and to perform all of its obligations under this Agreement and each Lease. (b) The execution and delivery of this Agreement and each Lease have been duly authorized by all necessary action of Lessee's Qoverning body and such action is in compliance with all public bidding and other State and federal laws applicable to this Agreement, ~h Lease and the acquisition and financing of the Equipment by Lessee. This Agreement and each Lease have been duly executed and delivered by and constitutes the valid and binding obligation of Lessee, enforceable against Lessee in accordance with their respective terms. (d) The execution, delivery and performance of this Agreement and each Lease by Lessee shall not (i) violate any State or federal law or local law or ordinance, or any order, writ, injunction, decree, or regulation of any court or other governmental agency or body applicable to Lessee, or (ii) conflict with or result in the breach or violation of any term or provision of, or constitute a default under, any note, bond, mortgage, indenture, agreement, deed of trust, lease or other obligation to which Lessee is bound. (e) There is no action, suit, proceeding, claim, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public board or body pending or, to the best of Lessee's knowledge, threatened against or affecting Lessee, challenging Lessee's authority to enter into this Agreement or any Lease or any other action wherein an unfavorable ruling or finding would adversely affect the enforceability of this Agreement or any Lease. (f) No lease, rental agreement, lease-purchase agreement, payment agreement or contract for purchase to which Lessee has been a party at any time during the past ten (10) years has been terminated by Lessee as a result of insufficient funds being appropriated in any Fiscal Year. No event has occurred which would constitute an event of default under any debt, revenue bond or obligation, which Lessee has issued during the past ten (10) years. (g) Lessee or Lessee's governing body has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Rental Payments during the current Fiscal Year, and such moneys will be applied in payment of all Rental Payments due and payable during such current Fiscal Year. (h) Lessee has an immediate need for, and expects to make immediate use of, the Equipment, which need is not temporary or expected to diminish during the applicable Lease Term. Lessee presently intends to continue each Lease hereunder for its entire Lease Tenn and to pay all Rental Payments relating thereto. SPrtinn 6.2 f'nvenants of i.PCCPP, Lessee agrees that so long as any Rental Payments or other amounts due under this Agreement remain unpaid: (a) Lessee shall not install, use, operate or maintain the Equipment improperly, carelessly, in violation of any applicable law or regulation or in a manner contrary to that contemplated by this Agreement. Lessee shall obtain and maintain all permits and licenses ~essary for the installation and operation of the Equipment. Lessee shall not, without the prior written consent of Lessor, affix or install accessory equipment or device on any of the Equipment if such addition would change or impair the originally intended functions, value or use of such Equipment. (b) Lessee shall provide Lessor access at all reasonable times to examine and inspect the Equipment and provide Lessor with such access to the Equipment as may be reasonably necessary to perform maintenance on the Equipment in the event of failure by Lessee to perform its obligations hereunder. (c) Lessee shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or other claim with respect to the Equipment, other than the respective rights of Lessor and Lessee as herein provided. Lessee shall promptly, at its own expense, take such actions as may be necessary duly to discharge or remove any such claim if the same shall arise at any time. Lessee shall reimburse Lessor for any expense incurred by Lessor in order to discharge or remove any such claim. (d) The person or entity in charge of preparing Lessee's budget will include in the budget request for each Fiscal Year the Rental Payments to become due during such Fiscal Year, and will use all reasonable and lawful means available to secure the appropriation of money for such Fiscal Year sufficient to pay all Rental Payments coming due therein. Lessor acknowledges that appropriation for Rental Payments is a governmental function, which Lessee cannot contractually commit itself in advance to perform. Lessee acknowledges that this Agreement does not constitute such a commitment. However, Lessee reasonably believes that moneys in an amount sufficient to make all Rental Payments can and will lawfully be appropriated and made available to permit Lessee's continued utilization of the Equipment in the performance of its essential functions during the applicable Lease Terms. (e) Lessee shall assure that its obligation to pay Rental Payments is not directly or indirectly secured by any interest in property, other than the Equipment, and that the Rental Payments will no[ be directly or indirectly secured by or derived from any payments of any type or any fund other than Lessee's general purpose fund. (f) Upon Lessor's request, Lessee shall provide Lessor with current financial statements, budgets, and proof of appropriation for the ensuing Fiscal Year and such other financial information relating to the ability of Lessee to continue this Agreement and each Lease as may be reasonably requested by Lessor. (g) Lessee shall promptly and duly execute and deliver to Lessor such further documents, instruments and assurances and take such further action as Lessor may from time to time reasonably request in order to carry out the intent and purpose of this Agreement and to blish and protect the rights and remedies created or intended to be created in favor of Lessor hereunder. fax Related Re.precentatinnc- Warranties anri ('nv nan e. (a /ncorporatron of Tax Agreement and Arbitrage Certificate. As of each Lease Date and with respect each Lease, Lessee makes each of the representations, warranties and covenants contained in the Tax Agreement and Arbitrage Certificate delivered with respect to such Lease. By this reference each such Tax Agreement and Arbitrage Certificate is incorporated in and made a part of this Agreement. ?110;03 LES-4Q-ESR DOC/rev.5/Olrlessor/L? 4 (b) Event of Taxability. If Lessor either (i) receives notice, in arty form, from the Internal Revenue Service or (ii) reasonably determines, based on an opinion of independent tax counsel selected by Lessor, that Lessor may not exclude any Interest paid under arty Lease from its Federal gross income (each an "Event of Taxability"), the Lessee shall pay to Lessor upon demand (x) an amount which, with to Rental Payments previously paid and taking into account all penalties, fines, interest and additions to tax (including all federal, and local taxes imposed on the Interest due through the date of such event), will restore to Lessor its after-tax yield (acniming tax at the highest marginal tax rate and taking into account the time of receipt of Rental Payments and reim Wu..ent at the after-tax yield rate) on the transaction evidenced by such Lease through the date of such event and (y) as additional Rental Payments to Lessor on each succeeding Payment Date such amount as will maintain such after-tax yield to Lessor. ARTICLE ViL INSURANCE AND RLSK OF LOSS Section 7.1_ Liahilit; and Pmnerfy in~rance Lessee shall, at its own expense, procure and maintain continuously in effect during each Lease Term: (a) public liability insurance for death or injuries to persons, or damage to Y.,.r~.:,~ arising out of or in any way connected to the Equipment suificient to protect Lessor and/or assigns from liability in all events, with a coverage of not less than $1,000,000 per occurrence unless specified differently in the related Equipment Schedule, and (b) insurance against such hazards as Lessor may tequire, including, but not limited to, all-risk casualty and property insurance, in an amount equal to the greater of the full replacement cost of the Equipment or the applicable F. ~:rpyrrrent Price of each Equipment Group. Sei lion 7.2_ Wn~c' ['mm~encAtinn incnranee If required by State law, Lca,~:.c shall Carry workers' .,,,...yo..sation insurarrce Covering all employees on, th, near or about the Equipment, and upon request, shall furnish to Lessor certificates evidencing such coverage throughout the Lease Term. Section 7_'t. in~rance Rem~i m n c (a) Insurance Policies. All insurance policies required by this Article shall be taken out and maintained with insurance companies acceptable to Lessor and shall contain a provision that thirty (30) days prior to any change in the coverage the insurer must provide written notice to the insured parties. No insurance shall be subject to any co-ins~,rance clause. Each insurance policy shall name Lessor and/or its assigns as an additional insured party and loss payee regardless of any breach of warranty or other act or omission of Lessee and shall include a lender's loss payable endorsement for the benefit of Lessor and/or is assigns. Frior to the delivery of Equipment, Lessee shall deposit with Lessor evidence satisfactory to Lessor of such insurance and, prior to the expiration thereof, shall provide Lessor evidence of all renewals or replacements thereof. (b) Self Insurance. With Lessor's prior consent, Lessee may self-insure the Equipment by means of an adequate inc~~rance fund set aside and maintained for that purpose which must be fully described in a letter delivered to Lessor in form acceptable to Lessor. Evidence of Insurance. Lessee shall deliver to Lessor upon a.,..~,Yance of any Equipment evidence of insurance which complies this Article VII with respect to such Equipment to the satisfaction of Lessor, including, without limitation, the confirmation of inc~irance in the form of Exhibit G-1 attached hereto together with Certificates of Insurance, when available, or the Questionnaire for Self-Insurance and Addendum to Equipment Schedule Relating to Self-Insurance in the form of Exhibit G-2 attached hereto, as applicable. Sertinn 7.4_ Rick nT ~.occ To the extent r.o....itted by the applicable laws of the State, as between Lessor and Lessee, Lessee assumes all risks and liabilities from any cause whatsoever, whether or not covered by insurance, for loss or damage to any Equipment and for injury to or death of any person or damage to any property. Whether or not covered by insurance, Lessee hereby assumes responsibility for and agrees to indemnify Lessor, to the extent permitted by the applicable laws of the State, from all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses, including reasonable attorneys' fees, imposed on, incurred by or asserted against Lessor that relate to or arise out of this Agreement, including but not limited to, (a) the selection, manufacture, purchase, a".~.ru,rrce or rejection of Equipment or the ownership of the Equipment, (b) the delivery, lease, possession, maintenance, use, condition, return or operation of the Equipment, (c) the condition of the Equipment sold or otherwise disposed of after possession by Lessee, (d) the conduct of Lessee, its officers, employees and agents, (e) a breach of Lessee of any of its covenants or obligations hereunder, (f) any claim, loss, cost or expense involving alleged damage to the environment relating to the Equipment, including, but not limited to investigation, removal, cleanup and remedial costs, and (g) any strict liability under the laws or judicial decisions of any state or the United States. This provision shall survive the termination of this Agrcement. Section 7.5_ Dcti~tn~cNnn of Fn~~ilLment Lessce shall provide a ~..,..~r,lete written report to Lessor immediately upon arty loss, theft, damage or destruction of any Equipment and of any aceident involving arty Equipment. Lessor may in~r..,~i the Equipment at any time and from time to time during regular business hours. If all or any part of the Equipment is stolen, lost, destroyed or damaged beyond repair ("Damaged Equipment"), Lessee shall within thirty (30) days after such event either: (a) replace the same at Lessee's sole e~~r.o..se with equipmert having substantially similar Specifications and of equal or greater value to the Damaged Equipment immediately prior to the time of the loss occurrence, such replacement equipment to be subject to Lessor's approval, whereupon such replacement equipment shall be substituted in the applicable Lease and the other related documents by aNY..,r,.:ate endorsement or amendment; or (b) pay the applicable Prepayment Price of the Damaged Equipment determined as set forth in the related Equipment Schedule. Lessee shall notify Lessor of which course of action it will take within fifteen (15) days after the loss occurrence. If, within forty-five (45) days of the loss oavrrence, (a) Lessee fails to notify ssor, (b) Lessee and Lessor fail to execute an amendment to the applicable Equipment Schedule to delete the Damaged Equipment and add placement equipment or (c) Lessee has failed to pay the applicable F.,,r,Qyrr-ent Price, then Lessor may, at its sole discretion, declare the applicable Prepayment Price of the Damaged Equipment, to be immediately due and payable. The Net P..,.,~,.,~s of insurance with .Wr.u,i to the Damaged Equipment shall be made available by Lessor to be applied to discharge Lessee' obligation under this Section. ~5 ARTICLE VIII. OTHER OBLIGATIONS OF LESSEE S tion R.1. Min enan a of F.q ~inm nt. Lessee shall notify Lessor in writing prior to moving the Equipment to another address and shall otherwise keep the Equipment at the address specified in the related Equipment Schedule. Lessee shall, at its own expense, maintain the Equipment in proper working order and shall make all necessary repairs and replacements to keep the Equipment in such condition udmg compliance with State and federal laws. Any and all replacement parts must be free of encumbrances and liens. All such cement parts and accessories shall be deemed to be incorporated immediately into and to constitute an integral portion of the Equipment and as such, shall be subject to the terms of this Agreement. Section R.2. Taxes. Lessee shall pay all taxes and other charges which are assessed or levied against the Equipment, the Rental Payments or any part thereof, or which become due during the Lease Term, whether assessed against Lessee or Lessor, except as expressly limited by this Section. Lessee shall pay all utilities and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Equipment, and all special assessments and charges Lawfully made by any governmental body that may be secured by a lien on the Equipment. Lessee shall not be required to pay any federal, state or local income, succession, transfer, franchise, profit, excess profit, capital stock, gross receipts, corporate, or other similar tax payable by Lessor, its successors or assigns, unless such tax is made as a substitute for any tax, assessment or charge which is the obligation of Lessee under this Section. Section R.3. Advances. [f Lessee shall fail to perform any of its obligations under this Article, Lessor may take such action to cure such failure, including the advancement of money, and Lessee shall be obligated to repay all such advances on demand, with interest at the rate of l 8% per annum or the maximum rate permitted by law, whichever is less, from the date of the advance to the date of repayment. ARTICLE IX. TITLE Section 9.1. Title. During the Lease Term, ownership and legal title of all Equipment and all replacements, substitutions, repairs and modification shall be in Lessee and Lessee shall take all action necessary to vest such ownership and title in Lessee. Lessor does not own the Equipment and by this Agreement and each Lease is merely Financing the acquisition of such equipment for Lessee. Lessor has not been in the chain of title of the Equipment, does not operate, control or have possession of the Equipment and has no control over the Lessee or the Lessee's operation, use, storage or maintenance of the Equipment. Section 9.2. Security lot .r s . Lessee hereby grants to Lessor a continuing, first priority security interest in and to the Equipment, all repairs, replacements, substitutions and modifications thereto and all proceeds thereof and in the Escrow Account (if any) in order to secure Lessee's payment of all Rental Payments and the performance of all other obligations. Lessee hereby authorizes Lessor to prepare and file such financing statements and other such documents to establish and maintain Lessor's valid first lien and perfected security interest. Lessee will join with Lessor in executing such documents and will perform such acts as Lessor may request to establish and maintain Lessors valid first lien and perfected security interest. If requested by Lessor, Lessee shall obtain a landlord and/or mortgagee's consent waiver with respect to the Equipment. If requested by Lessor, Lessee shall conspicuously mark the Equipment, and maintain such ~ings during the Lease Term, to clearly disclose Lessor's security interest in the Equipment. Upon termination of a Lease through exercise of Lessee's option to prepay pursuant to Article V or through payment by Lessee of all Rental Payments and other amounts due with respect to an Equipment Group, Lessor's security interest in such Equipment Group shall terminate, and Lessor shall execute and deliver to Lessee such documents as Lessee may reasonably request to evidence the termination of Lessor's security interest in such Equipment Group. c,prtinn 9.3. Modification of F.quinTment. Lessee will not, without the prior written consent of Lessor, affix or install any accessory equipment or device on any of the Equipment if such addition will change or impair the originally intended value, function or use of the Equipment. CPrtin,~Q_4_ Prrcnnal Pro erty. The Equipment is and shall at all times be and remain personal property and not fixtures. ARTICLE X. WARRANTIES Section 10_t. Selgetio~f Fn ~i m nt. Each Vendor and all of the Equipment have been selected by Lessee. Lessor shall have no responsibility in connection with the selection of the Equipment, the ordering of the Equipment, its suitability for the use intended by Lessee, the acceptance by any Vendor or its sales representative of any order submitted, or any delay or failure by such Vendor or its sales representative to manufacture, deliver or install any Equipment for use by Lessee. CPrtinIl~l 2 vendor's Warranties. Lessor hereby assigns to Lessee for and during the related Lease Term, all of its interest, if any, in all Vendor's warranties, guarantees and patent indemnity protection, express or implied issued on or applicable to an Equipment Group, and Lessee may obtain the customary services furnished in connection with such warranties and guarantees at Lessee's expense. Lessor has no obligation to enforce any Vendor's warranties or obligations on behalf of itself or Lessee. Section 10.3- Disclaimer of Warranties. LESSEE ACKNOWLEDGES THAT THE EQUIPMENT IS OF A SIZE, DESIGN, CAPACITY, AND MANUFACTURE SELECTED BY LESSEE. LESSEE ACKNOWLEDGES THAT IT SELECTED THE EQUIPMENT WITHOUT ASSISTANCE OF LESSOR, [TS AGENTS OR EMPLOYEES. LESSOR IS NOT A MANUFACTURER OF THE EQUIPMENT OR A DEALER 1N SIMILAR EQUIPMENT, AND DOES NOT INSPECT THE EQUIPMENT BEFORE DELIVERY TO LESSEE. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, QUALITY, DURABIL[TY, SUITABILITY, MERCHANT-ABILITY OR FITNESS FOR ANY P~CULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY LESSEE OF THE EQUIPMENT, OR ANY OTHER R SENTATION OR WARRANTY W[TH RESPECT TO THE EQUIPMENT. IN NO EVENT' SHALL LESSOR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (N CONNECTION WITH UR ARISING OUT OF THIS AGREEMENT OR THE EQUIPMENT OR LESSEE'S USE OF "i'HE EQUIPMENT. ?!10/OJ~LES-BQ-ESR DOCJrev 5/OI/lessor/L_' 6 ARTICLE XI. ASSIGNMENT AND SUBLEASING Section 11.1- Accignm n by i.essor. Lessor, without Lessee's consent, may assign and reassign all of Lessor's right, title and/or interest in and to this Agreement or any Lease, including, but not limited to, the Rental Payments and other amounts payable by Lessee and L ssor's interest in the Equipment, in whole or in part to one or more assignees or subassignee(s) by Lessor at any time. No such nment shall be effective as against Lessee unless and until written notice of the assignment is provided to Lessee. When presented a notice of assignment, Lessee will acknowledge in writing receipt of such notice for the benefit of Lessor and any assignee. Lessee shall keep a complete and accurate record of all such assignments. Section 11.2. Assignment and Subleasing by Lessee. Neither this Agreement nor any Lease or any Equipment may be assigned, subleased, sold, transferred, pledged or mortgaged by Lessee. ARTICLE XII. EVENTS OF DEFAULT AND REMEDIES Section 12.1. F,vents of Default Defined. The occurrence of any of the following events shall constitute an Event of Default under this Agreement and each Lease: (a) Lessee's failure to pay, within ten (l0) days following the due date thereof, any Rental Payment or other amount required to be paid to Lessor (other than by reason ofNon-Appropriation). (b) Lessee's failure to maintain insurance as required by Article VI[. (c) With the exception of the above clauses (a) & (b), Lessee's failure to perform or abide by any condition, agreement or covenant for a period of thirty (30) days after written notice by Lessor to Lessee specifying such failure and requesting that it be remedied, unless Lessor shall agree in writing to an extension of time prior to its expiration. (d) Lessor's determination that any representation or warranty made by Lessee in this Agreement was untrue in any material respect upon execution of this Agreement or any Equipment Schedule. (e) The occurrence of an Event of Taxability. (fJ The filing of a petition in bankruptcy by or against Lessee, or failure by Lessee promptly to lift any execution, garnishment or attachment of such consequence as would impair the ability of Lessee to carry on its governmental functions or assignment by Lessee for the benefit of creditors, or the entry by Lessee into an agreement of composition with creditors, or the approval by a court of competent jurisdiction of any adjustment of indebtedness of Lessee, or the dissolution or liquidation of Lessee. Section 12.2. Remedies nn Default. Upon the occurrence of any Event of Default, Lessor shall have the right, at its option and without any further demand or notice to one or more or all of the following remedies: (a) Lessor, with or without terminating this Agreement or any Lease, may declare all Rental Payments immediately due and payable b Lessee, whereupon such Rental Payments shall be immediately due and payable. Lessor, with or without terminating this Agreement or any Lease, may repossess any or all of the Equipment by giving Lessee en notice to deliver such Equipment in the manner provided in Section 12.3; or in the event Lessee fails to do so within ten (10) days after receipt of such notice, Lessor may enter upon Lessee's premises where such Equipment is kept and take possession of such Equipment and charge Lessee for costs incurred, including reasonable attorneys' fees. Lessee hereby expressly waives any damages occasioned by such repossession. [f the Equipment or any portion has been destroyed, Lessee shall pay the applicable Prepayment Price of the destroyed Equipment as set forth in the related Payment Schedule. Regardless of the fact that Lessor has taken possession of the Equipment, Lessee shall continue to be responsible for the Rental Payments due during the Fiscal Year. (c) If Lessor terminates this Agreement and/or any Lease and, in its discretion, takes possession and disposes of any or all of the Equipment, Lessor shall apply the proceeds of any such disposition to pay the following items in the following order: (i) all costs (including, but not limited to, attorneys' fees) incurred in securing possession of the Equipment; (ii) all expenses incurred in completing the disposition; (iii) any sales or transfer taxes; (iv) the applicable Prepayment Prices of the Equipment Groups; and (v) the balance of any Rental Payments owed by Lessee during the Fiscal Year then in effect. Any disposition proceeds remaining after the requirements of Clauses (i), (ii), (iii), (iv) and (v) have been met shall be paid to Lessee. (d) Lessor may take any other remedy available, at law or in equity, with respect to such Event of Default, including those requiring Lessee to perform any of its obligations or to pay any moneys due and payable to Lessor and Lessee shall pay the reasonable attorneys' fees and expenses incurred by Lessor in enforcing any remedy hereunder. (e) Each of the foregoing remedies is cumulative and may be enforced separately or concurrently. Section 12.3. Return of F,~ui~nment: Release of I,essPP's 1rtLt<.C~S.t. Upon termination of any Lease prior to the payment of all related Rental Payments or the applicable Prepayment Price (whether as result of Non-Appropriation or Event of Default, Lessee shall, within ten (10) days after such termination, at its own expense: (a) perform any testing and repairs required to place the related Equipment in the condition required by Article VIII; (b) if deinstallation, disassembly or crating is required, cause such Equipment to be deinstalled, disassembled and crated by an authorized manufacturer's representative or such other service person as is satisfactory to Lessor; and (c) return such Equipment to a location specified by Lessor, freight and insurance prepaid by Lessee. [f Lessee refuses to return such Equipment in the manner designated, Lessor may repossess the Equipment without demand or notice and without court order or legal process and charge Lessee the costs of such repossession. Upon termination of this Agreement in accordance with Article Ill or Article ereof, at the election of Lessor and upon Lessor's written notice to Lessee, full and unencumbered legal title and ownership of the ~ipment shall pass to Lessor. Lessee shall have no further interest therein. Lessee shall execute and deliver to Lessor such documents as Lessor may request to evidence the passage of legal title and ownership to Lessor and termination of Lessee's interest in the Equipment. ?/10/OJ:LES-BQ-ESR DOClrev 5/01/lessor/L2 • Section 12.4 [,ate ('laar~ue. Lessor shall have the right to require late payment charge for each Rental or any other amount due hereunder which is not paid within 10 days of the date when due equal to the lesser of 5% of each late payment or the legal maximum. This Section is only applicable to the extent it does not affect the validity of this Agreement. ICLE XII[. MISCELLANEOUS PROVISIONS All written notices to be given under this Agreement shall be given by mail to the party entitled thereto at its address specified beneath each party's signature, or at such address as the party may provide to the other parties hereto in writing from time to time. Any such notice shall be deemed to have been received 72 hours after deposit in the United States mail in registered or certified form, with postage fully prepaid, or, if given by other means, when delivered at the address specified in this Section 13.1. Section 1:i.2. Binding F,ffect, This Agreement and each Lease hereunder shall be binding upon and shall inure to the benefit of Lessor and Lessee and their respective successors and assigns. Specifically, as used herein the term "Lessor" means any person or entity to whom Lessor has assigned its right to receive Rental Payments under any Lease. Section 13.2 CPVerahility, In the event any provision of this Agreement or any Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. ~ertinr>~~_4_ Entire Agreements Amendments. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous writings, understandings, agreements, solicitation documents and representations, express or implied. This Agreement may be amended or modified only by written documents duly authorized, executed and delivered by Lessor and Lessee. Certinn 1 .5. Ca ions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions, Articles, Sections or Clauses hereof. Section 13~. F~~ther Assurances anrt rnrreotive inctr ~m nts, Lessor and Lessee agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Equipment hereby leased or intended so to be, or for otherwise carrying out the expressed intention of this Agreement. Lessee hereby authorizes Lessor to file any financing statement or supplements thereto as may be reasonably required for correcting any inadequate description of the Equipment hereby leased or intended so to be, or for otherwise carrying out the expressed intention of this Agreement. Section 13.7_ C:nverning .aw, This Agreement shall be governed by and construed in accordance with the laws of the State. S ..ion i3 R Tick, It is the intention of the parties hereto to comply with any applicable usury laws; accordingly, it is agreed that, notwithstanding any provisions to the contrary herein or in any Equipment Schedule, in no event shall this Agreement or any Lease under require the payment or permit the collection of Interest or any amount in the nature of Interest or fees in excess of the maximum ~nt permitted by applicable law. Any such excess Interest or fees shall first be applied to reduce Principal, and when no Principal rema(ns, refunded to Lessee. In determining whether the Interest paid or payable exceeds the highest lawful rate, the total amount of Interest shall be spread through the applicable Lease Term so that the Interest is uniform through such term. Section t 3.9_ nerved f'Incipg. [n the event of a delayed closing, Lessor will benefit from the interest that accrues between the Commencement Date and the Closing Date. S tion 13.10. I.essee'c Performance. A failure or delay of Lessor to enforce any of the provisions of this Agreement or any Lease shall in no way be construed to be a waiver of such provision. CPrti~n 13.101. Waiver of.Tury Trial. Lessor and Lessee hereby waive any right to trial by jury in any action or proceeding with respect to, in connection with or arising out of this Agreement. [REMAMDER OF PAGE LEFT INTENTIONALLY BLANK] • ?x10!0; LES~DQ-ASR UO(Yrev 5!OlAcssorll' . EXECUTION PAGE OF MASTER LEASE AGREEMENT LEASE NUMBER: IN WITNESS WHEREOF, Lessor has caused this Agreement to be executed in its corporate name by its duly authorized officer, and Lessee has caused this Agreement to be executed in its name by its duly authorized officer. VILLAGE OF TEQUESTA, FLORIDA Lessee LEASING 2, INC. Lessor /. Name: Michael R. Couzzo, J (-~J ~• Title: Village Manager DatP• v ~ ~ /3'ma i / Address: 250 Tequesta Drive, Suite 300 Tequesta, FL 33469-0273 Telephone: 561-575-6200 smile: 561-575-6203 • By: _ ^- - Name: Brad rs Title: President Date: ~-7~~03 Address: 1304 Desoto Avenue, Suite 304 Tampa, FL 33606-3138 Telephone: 813-258-9888 Facsimile: 813 -25 8 -93 3 3 2/10/Ol LES-BQ-ESR DOGrev 5/OlAessor/L2 9 EXHIBIT A EQUIPMENT SCHEDULE NO. O1 TO MASTER LEASE NUMBER: The following Equipment comprises an Equipment Group which is the subject of the Master Lease Agreement dated as February 13, 2003 (the "Agreement") between the undersigned Lessor and Lessee. The Agreement is incorporated herein in its entirety, and Lessee hereby reaffirms each of its representations, warranties and covenants contained in the Agreement. Lessee warrants that no Non-Appropriation and no Event of Default, or event which, with the passage of time or the giving of notice or both, would constitute an Event of Default, has occurred under the Agreement. An Acceptance Certificate and Payment Schedule are attached to this Equipment Schedule and by reference are made a part hereof. The terms capitalized in this Equipment Schedule but not defined herein shall have the meanings assigned to them in the Agreement. FQiIiPMF.rIT C~ROLIP The cost of the Equipment Group to be funded by Lessee under this Lease is three hundred ninety seven thousand nine fired twen~twn and O1/100 dollars (,P397,922.011 (the "Acquisition Cost"). The Equipment Group consists of the following Equipment which has been or shall be pwchased from the Vendor(s) named below for the prices set forth below: One (1) new Sutphen Custom Rescue Pumper Mode12001, VIN: 1S9AJ_HI,D731003014 Plus additional equipment as noted on Schedule A to Financing Statement The Equipment Group is or will be located at the following address(es). Prior to relocation of the Equipment Group or any portion thereof during the Lease Tenn, Lessee will provide written notice to Lessor: 357 Tequesta Drive, Tequesta, FL 33469 EQUIPMENT SCHEDULE LEASE DATE: February 13, 2003 ~LLAGE OF TEQUESTA, FLORIDA Lessee By ~ . ~ i~~C--~ . Name: Michael R. ~ uzzo, Jr~ Title: Village Ma~ager Date' ~~/ ` '~ /~ ~-3 LEASING 2, INC. Lessor By: ~ ~ _ Name: Brad rs Title: President Date: Z' ~`r U, ~ Address: 250 Tequesta Drive, Suite 300 Tequesta, FL 33469-0273 Telephone: 561-575-6200 Facsimile: 561-575-6203 Address: 1304 Desoto Avenue, Suite 304 Tampa, FL 33606-3138 Telephone: 813-258-9888 Facsimile: 813-25 8-933 3 • Lease No.: Equipment Schedule: O1 n PAYMF,NT CC'HRllifj,E The Lease Date with respect to the above referenced Equipment Group shall be February 13, 2003. The Annual Interest Rate applicable to the Equipment Group shall be 3.610%. Lessee will make Rental Payments each consisting of Principal and Interest as set forth below for a term often (10) years. The first Rental Payment is due on April 15, 2003 and subsequent payments are due annually on like date thereafter. Payment Payment Total Interest Principal Prepayment 1Y11IIlaer lC2~t~ Payment C'nm np nent (`.nm on nent Price* 1 4/15/03 $46,720.05 $2,434.07 $44,285.98 $364,245.11 2 4/15/04 $46,720.05 $12,766.26 $33,953.79 $329,272.71 3 4/1S/05 $46,720.05 $11,540.53 $35,179.52 $293,037.80 4 4/ l S/06 $46,720.05 $ ] 0,270.55 $36,449.50 $255,494.82 S 4/IS/07 $46,720.OS $8,954.72 $37,765.33 $216,S96.S3 6 4/15/08 $46,720.05 $7,591.39 $39,128.66 $176,294.01 7 4/15/09 $46,720.05 $6,178.85 $40,541.20 $134,536.57 8 4/15/10 $46,720.05 $4,715.31 $42,004.74 $91,271.69 9 4/15/11 $46,720.05 $3,198.94 $43,521.11 $46,444.95 10 4/15/12 $46,720.05 $1,627.87 $45,092.18 $0.00 Grand Totals $467,200.50 $69,278.49 $397,922.01 Last interest amount increased by 0.04 due to rounding. • VILLAGE OF TEQUESTA, FLORIDA Lessee Name: Michael couzzo, J . Title: Village Manager * After payment of Rental Payment due on such date. • Lease No.: Equipment Schedule: Ol ACCEPTANCE OF OBLIGATION TO COMMENCE RENTAL PAYMENTS UNDER PAYMENT SCHEDULE RE: Master Lease Agreement dated February 13, 2003, between Leasing 2, Inc. (Lessor) and Village of Tequesta, Florida (Lessee) I, the undersigned, hereby certify that I am a duly qualified representative of Lessee and have been given the authority by the governing body of Lessee to sign this Acceptance of Obligation to Commence Rental Payments with respect to the above referenced Lease. I hereby certify that: 1. The Equipment described in the Equipment Schedule has not been delivered, installed or available for use as of the Lease Date of this Equipment Schedule; 2. Lessee acknowledges that Lessor has agreed to deposit into an Escrow Account an amount sufficient to pay the total cost of the Equipment identified in Exhibit A upon delivery; 3. The principal amount of the Rental Payments in the Payment Schedule accurately reflects the cost of the Equipment; 4. Lessee agrees to execute an Acceptance Certificate and Payment Request Form authorizing payment of the cost of the Equipment, or a portion hereof, for each withdrawal of funds from the Escrow Account. Notwithstanding that the Equipment has not been delivered to, or accepted by, Lessee on the Lease Date hereby warrants that: (a) Lessee's obligation to corrunence Rental Payments as set forth in Payment Schedule is absolute and unconditional as of the Lease Date and on each date set forth in Payment Schedule thereafter, subject to the terms and conditions of the Lease; immediately upon delivery and acceptance of all the Equipment, Lessee will notify Lessor of Lessee's final acceptance of the Equipment by delivering to Lessor the "Acceptance Certificate" in the form attached to the Equipment Schedule; (c) in the event that any surplus amount is on deposit in the Escrow Account and the Agreement is terminated pursuant to Section 3.2 (Termination by Lessee) or Section 12.1 (Event of Default) thereof, those amounts shall be forwarded to Lessor or its assignee, if assigned, to be applied as provided in the Agreement. Lessee shall have no further interest therein. Any surplus amount remaining after payment of all of the Equipment to be leased under the Agreement will be forwarded to Lessor, or to its assignee, if assigned, for application toward the next Rental Payment due. (d) regardless of whether Lessee delivers a final Acceptance Certificate, all Rental Payments paid prior [o delivery of all the Equipment shall be credited to Rental Payments as they become due under the Lease as set forth in Payment Schedule. Notwithstanding any other provision of this Acceptance of Obligation, the Lease shall remain in full force and effect with respect to all or the portion of the Equipment accepted by Lessee as provided in this Lease. VILLAGE OF TEQUESTA, FLORIDA Lessee By' ~rwf_ ~ _ ~ • Name: Michael R. Couzzo, J~ ~J Title: Villa e M a er Date- 7'/ / ~g/i~d,~ • EXHIBIT B-1 [Escrow] Lease No.: Equipment Schedule: Ol TAX Al:RFF.MF.NT AND ARBITRAGF. C'F.RTIFIC'ATF. This TAX AGREEMENT AND ARBITRAGE CERTIFICATE (this "Certificate") is issued by VILLAGE OF TEQUESTA, FLORIDA ("Lessee") in favor of Leasing 2, Inc. ("Lessor") in connection with that certain Master Lease Agreement dated as of February 13, 2003 (the "Agreement"), by and between Lessor and Lessee. The terms capitalized herein but not defined herein shall have the meanings assigned to them in the Agreement. section 1 _ in (:en ral, l .l . This Certificate is executed for the purpose of establishing the reasonable expectations of Lessee as to future events regarding the financing of certain equipment (the "Equipment") to be acquired by Lessor and leased to Lessee pursuant to and in accordance with the Equipment Schedule referenced above (the "Equipment Schedule") executed under the Agreement (together with all related documents executed pursuant thereto and contemporaneously herewith, the "Financing Documents"). As described in the Financing Documents, Lessor shall apply three hundred ninety seven thousand nine hundred twenty two and O1/100 dollars ($397,922.01) (the "Principal Amount") toward the acquisition of the Equipment and Lessee shall make Rental Payments under the terms and conditions as set forth in the Financing Documents. l .2. The individual executing this Certificate on behalf of Lessee is an officer of Lessee delegated with the responsibility of reviewing and executing the Financing Documents, pursuant to the resolution or other official action of Lessee adopted with respect to the Financing Documents, a copy of which has been delivered to Lessor. 1.3. The Financing Documents are being entered into for the purpose of providing funds for financing the cost of acquiring, equipping and installing the Equipment which is essential to the governmental functions of Lessee, which Equipment is described in the Equipment Schedule. The Principal Amount will be deposited in escrow by Lessor on or after the Lease Date of the Equipment Schedule and held pending acquisition of the Equipment under the terms of the Agreement. 1.4. Lessee will timely file for each payment schedule issued under the Lease a Form 8038-G (or, if the invoice price of the Equipment under such schedule is less than $100,000, a Form 8038-GC) relating to such Lease with the Internal Revenue Service in accordance th Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Code"}. ~5. Lessee has not issued, and reasonably anticipates that it and its subordinate entities, if any, will not issue, tax-exempt obligations (including the Lease) in the amount of more than $10,000,000 during the current calendar year. Lessee hereby designates the Lease as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code and agrees that it and its subordinate entities, if any, will not designate more than $10,000,000 of their obligations as "qualified tax-exempt obligations" during the current calendar year. Section 2_ Nil - rhitra P ('Prtifi ations. 2. I . The Rental Payments due under the Financing Documents will be made with monies retained in Lessee's general operating fund (or an account or subaccount therein). No sinking, debt service, reserve or similar fund or account will be created or maintained for the payment of the Rental Payments due under the Financing Documents or pledged as security therefor. 2.2. There have been and will be issued no obligations by or on behalf of Lessee that would be deemed to be (i) issued or sold within fifteen (l5) days before or after the date of issuance of the Financing Documents, (ii) issued or sold pursuant to a common plan of financing with the Financing Documents and (iii) paid out of substantially the same source of funds as, or deemed to have substantially the same claim to be paid out of substantially the same source of funds as, the Financing Documents. 2.3. Other than the Principal Amount held in the Escrow Account ,Lessee does not and will not have on hand any funds that are or will be restricted, segregated, legally required or otherwise intended to be used, directly or indirectly, as a substitute, replacement or separate source of financing for the Equipment. 2.4. No portion of the Principal Amount is being used by Lessee to acquire investments which produce a yield materially higher than the yield realized by Lessor from Rental Payments received under the Financing Documents. 2.5. The Principal Amount does not exceed the amount necessary for the governmental purpose for which the Financing Documents were entered into. Such funds are expected to be needed and fully expended for payment of the costs of acquiring, equipping and installing the Equipment. 2.6. Lessee does not expect to convey, sublease or otherwise dispose of the Equipment, in whole or in part, at a date which is earlier than the final Payment Date under the Financing Documents. . 1. It is contemplated that the entire Principal Amount deposited in escrow will be used to pay the acquisition cost of Equipment to the vendors or manufacturers thereof, provided that, if applicable, a portion of the principal amount may be paid to Lessee as reimbursement for acquisition cost payments already made by it so long as the conditions set forth in Section 3.2 below are satisfied. 3.2. Lessee shall not request that it be reimbursed for Equipment acquisition cost payments already made by it unless each of the following conditions have been satisfied: (a) Lessee adopted a resolution or otherwise declared its official intent in accordance with Treasury Regulation § 1.150-2 (the "Declaration of Official Intent"), wherein Lessee expressed its intent to be reimbursed from the proceeds of a bon•owing for all or a ion of the cost of the Equipment, which expenditure was paid to the Vendor not earlier than sixty (60) days before Lessee adopted Declaration of Official Intent; (b) The reimbursement being requested will be made by a written allocation before the later of eighteen (18) months after the expenditure was paid or eighteen (18) months after the items of Equipment to which such payment relates were placed in service; (c) The entire payment with respect to which reimbursement is being sought is a capital expenditure, being a cost of a type properly chargeable to a capital account under general federal income tax principles; and (d) Lessee will use any reimbursement payment for general operating expenses and not in a manner which could be construed as an artifice or device under Treasury Regulation § 1.148-10 to avoid, in whole or in part, arbitrage yield restrictions or arbitrage rebate requirements. Section 4 Ilse and Investment of Funds; T~orarv PPrin~, 4.1. Lessee has incurred or will incur, within six (6) months from the date of issuance of the Financing Documents, binding obligations to pay an amount equal to at least five percent (5%) of the Principal Amount toward the costs of the Equipment. An obligation is not binding if it is subject to contingencies within Lessee's control. The ordering and acceptance of the items of Equipment will proceed with due diligence to the date of final acceptance of the Equipment. 4.2. An amount equal to at least eighty-five percent (85%) of the Principal Amount will be expended to pay the cost of the Equipment by the end of the three-year period commencing on the date of this Certificate. No portion of the Principal Amount will be used to acquire investments that do not carry out the governmental purpose of the Financing Documents and that have a substantially guaranteed yield of four (4) years or more. 4.3. (a) Lessee reasonably expects to cause the Equipment to be acquired by M AR.c.lt 2! 1D~' 3 (date). (b) Lessee will provide evidence to Lessor that the rebate amount has been calculated and paid to the Internal Revenue Service in accordance with Section l48(f) of the Code unless (i) the entire Principal Amount is expended on the Equipment by the date that is the six-month anniversary of the Financing Documents or (ii) the Principal Amount is expended on the Equipment in accordance with the following schedule: At least fifteen percent (l5%) of the Principal Amount and interest earnings thereon will be applied to the cost of the Equipment within six months from the date of issuance of the Financing Documents; at least sixty percent (60%) of the Principal Amount and interest earnings thereon will be applied to the cost of the Equipment within 12 months from the date of issuance of the ~ancing Documents; and one hundred percent (100%) of the Principal Amount and interest earnings thereon will be applied to the ~bst of the Equipment prior to eighteen (18) months from the date of issuance of the Financing Documents. (c) Lessee hereby covenants that (i) Lessee is a governmental unit with general tax powers; (ii) the Lease is not a "private activity bond" under Section 141 of the Code; (iii) at least ninety-five percent (95%) of the Principal Amount is used for the governmental activities of Lessee; and (iv) the aggregate principal amount of all tax-exempt obligations (including the Lease) issued by Lessee and its subordinate entities, if any, during the current calendar year is not reasonably expected to exceed $5,000,000. Accordingly, the rebate requirements of Section l48(f) of the Code are treated as being met, in lieu of the spending exceptions set forth in paragraph (b) above. S inn 5_ Rscrnw Account. The Financing Documents provide that the monies deposited in escrow shall be invested until payments to the vendor(s) or manufacturer(s) of the Equipment are due. Lessee will ensure that such investment will not result in Lessee's obligations under the Financing Documents being treated as an "arbitrage bond" within the meaning of Section 148(a) of the Internal Revenue Code of 1986, as amended (the "Code"), respectively. Any monies which are earned from the investment of these funds shall be labeled as interest earned. All such monies will be disbursed on or promptly after the date that Lessee accepts the Equipment. Section 6. Nn Priv~le Ilce~ Nn Consumer I.~, 6.1. Lessee will not exceed the private use restrictions set forth in Section 141 of the Code. Specifically, Lessee will not permit more than l0% of the Principal Amount to be used for a Private Business Use (as defined herein) if, in addition, the payment of more than ten percent (10%) of the Principal Amount plus interest earned thereon is, directly or indirectly, secured by (i) any interest in property used or to be used for a Private Business Use or (ii) any interest in payments in respect of such property or derived from any payment in respect of property or borrowed money used or to be used for a Private Business Use. In addition, if both (A) more than five percent (5%) of the Principal Amount is used as described above with respect to Private Business Use and (B) more than five percent (5%) of the Principal Amount plus interest earned thereon is secured by Private Business Use property or payments as described above, then the excess over such five percent (5%) (the "Excess Private Use Portion") will be used for a Private Business Use related to the governmental use of the Equipment. Any such Excess Private Use Portion of the Principal Amount will not exceed the portion of the Principal Amount used for the governmental use of the particular project to which ~ch Excess Private Use Portion is related. For purposes of this paragraph 6.1, "Private Business Use" means use of bond proceeds or nd financed-property directly or indirectly in a trade or business carried on by a natural person or in any activity carried on by a person other than a natural person, excluding, however, use by a state or local governmental unit and excluding use as a member of the general public. 6.2. No part of the Principal Amount or interest earned thereon will be used, directly or indirectly, to make or fmance any loans to non- governmental entities or to any governmental agencies other than Lessee. 4ectinn 7. Nn Federal Guarantee. Payment of the principal or interest due under the Financing Documents is not directly or indirectly guaranteed, in whole or in part, ~he United States or an agency or instrumentality thereof. 7.2. No portion of the Principal Amount or interest earned thereon shall be (i) used in making loans the payment of principal or interest of which are to be guaranteed, in whole or in part, by the United States or any agency or instrumentality thereof, or (ii) invested, directly or indvectly, in federally insured deposits or accounts if such investment would cause the fmancing under the Financing Documents to be "federally guaranteed" within the meaning of Section 149(b) of the Code. Section R. Miscellanenuc. 8.1. Lessee shall keep a complete and accurate record of all owners or assignees of the Financing Documents in form and substance satisfactory to comply with the registration requirements of Section 149(a) of the Code unless Lessor or its assignee agrees to act as Lessee's agent for such purpose. 8.2. Lessee shall maintain complete and accurate records establishing the expenditure of the Principal Amount for a period of five (5) years after payment in full under the Financing Documents. 8.3. To the best of the undersigned's knowledge, information and belief, the above expectations are reasonable and there are no other facts, estimates or circumstances that would materially change the expectations expressed herein. IN WITNESS WHEREOF, this Tax Agreement and Arbitrage Certificate has been executed on behalf of Lessee as of February 13, 2003. • VILLAGE OF TEQUESTA, FLORIDA Lessee Name: Michael R. Couzzo, Jr. Title: Village Manage Date ~ 3~/5'' / }'O o'`5 ~ i ' • Form 8038-G Information Return for Tax-Exempt Governmental Obligations - Under Internal Revenue Code section 1491e) OMB No. 1545-0720 (Rev. November 2000) - See separate Instructions. Department of the Treasury Internal Revenue Service Caution: if Lire issue price is under S 100, 000, use Form 8038-GC. Reporting Authority If Amended Return, check here - ^ _ ~SSUer's name 2 Issuer's employer ident~cation number Village of Tequesta, Florida 59 ; 6044081 3 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 4 Report number 250 Tequesta Drive, Suite 300 I 3 - O1 5 City, town or post office, state, and ZIP code 6 Date of issue Tequesta, FL 33469-0273 February 13, 2003 7 Name of issue 8 CUSIP number Master Lease Assreement 9 Name and title of officer or legal representative whom the IRS may call for more information I 10 Telephone number of officer or legal representative JoAnn Forsythe. Finance Director f561 1 575-6207 Type of Issue (check applicable box(es) and enter the issue price) See instructions and attach schedule 11 ^ Education ~ 11 12 ^ Health and hospital . ~ 12 13 ^ Transportation. ~ 13 14 8 Public safety ~ 14 $397,922.01 15 ^ Environment (including sewage bonds) ~ 15 16 ^ Housing ~ 16 17 ^ Utilities 17 18 ^ Other. Describe - 18 19 If obligations are TANs or RANs, check box - ^ If obligations are BANS, check box - ^ % j/~ j.== j-~, 20 If obligations are are in the form of a lease or installment sale. check box. . - 0 ~/%~ ~~%%''-%%%~ <. Description of Obligations. Complete for the entire issue for which this form is being filed. . lal Final maturity date Ibl Issue price Icl Stated redemption Idl Weighted le) Yield n ira at man vlhr avPranP. maturity 4/15/2012 S 397.922.01 S n/a ten (10) years 3.610 Uses of Proceeds of Bond Issue tincludina underwriters' discount) 22 Proceeds used for accrued interest . 12 23 Issue price of entire issue (enter amount from line 21, column (b)1. 23 $397.922.01 .,-,.,, ;:: 24 Proceeds used for bond issuance costs (including underwriters' discount) . ~ 24 ~~ ;_ .. 25 Proceeds used for credit enhancement . ~ 25 26 Proceeds allocated to reasonably required reserve or replacement fund . ~ 26 ~`= 27 Proceeds used to currently refund prior issues . ~ 27 ,,"y i ._~ i 28 ! - 28 Proceeds used to advance refund prior issues %' 29 Total (add lines 24 through 281 1A 30 Nonrefundinq proceeds of the issue (subtract line 29 from line 23 and enter amount here). 30 $397,922.01 , Description of Refunded Bonds IComnlete this Hart q~ fpr refunding bonds.( 31 Enter the remaining weighted average maturity of the bonds to be currently refunded . - years 32 Enter the remaining weighted average maturity of the bonds to be advance refunded - years 33 Enter the last date on which the refunded bonds will be called. - 34 Enter the datelsl the refunded bonds warn i~suPd - Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 1411b1151 . 35 36a Enter the amount of gross proceeds invested or to be invested ~t a gua a ~:~d investment contract (see ~tsttuctionsl b Enter the final maturity date of the guaranteed investment contract - 37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a b If this issue is a loan made from the proceeds of another tax-exempt issue, check box - ^ and enter the name of the issuer - and the date of the issue - 38 If the issuer has designated the issue under section 2651b11311611i111111 (small issuer exception), check box . - ~ If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box - ^ If the issuer has identified a hedge. check hpx - ^ Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct and complete. Sign ~ Here ~ ~~ ~f ~STV Y~~~~ . Michael R. Cnuzz.o..fr.. Villaee filer. / Signature of ' suer's au 1'\" ~~jt.. ~ D~te , Type or print name and title -~C~i~YI'lr~a ~ Form 8038-G (Rev ~ t-2000( For Paperwork Reduction Act Notice, see page 2 of the Ins CtIOnS. Cat. No 63773S EXHIBIT D • JN('iiMRF,Nf'Y C'F.RTiFI('ATF. Lease No.: Equipment Schedule: Ol I do hereby certify that I am the duly elected or appointed and acting Villa>;e Clerk of Village of Tequesta, Florida, a political subdivision duly organized and existing under the laws of the State of Florida, that I have custody of the records of such entity, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of such entity holding the offices set forth opposite their respective names. I fiuther certify that (i) the signatures set opposite their respective names and titles are their true and authentic signatures and (ii) such officers have the authority on behalf of such entity to enter into that certain Master Lease Agreement dated as of February 13, 2003 between such entity and Leasing 2, Inc.. j~jA MF, _MirhaP„ l_R ~n~i it Vil~ge ManaaPr s IN WITNESS WHEREOF, I have duly executed this certificate as of this ~f day of i J r~ / `.C ~`~ ~,~n~ 0 n By: Board Memb r or o~tlher~au~t~h.(o/rized officer's signature Title: ~ ~ C ~ ~' f" (Printed or t sped) • JoNF,s FOS' 1 ~R JOHNSTON • & STUBBS, P.A. Attorneys and Counselors John C. Randolph, Esquire Direct Dial: 561-650-0458 Direct Fax: 561-650-0465 E-Mail: jandolph@jones-foster.com February 13, 2003 LEASING 2, INC. 1304 Desoto Avenue, Suite 304 Tampa, Florida 33606-3138 Flagler Center Tower, Suite 1100 505 South Flagler Drive West Palm Beach, Florida 33401 Telephone (561) 659-3000 Moiling Address Post Office Box 3475 West Palm Beach, Florida 33402-3475 Re: Master Lease Agreement dated as of February 13, 2003 (the "Agreement") by and between Leasing 2, Inc. ("Lessor") and Village of Tequesta, Florida ("Lessee") Ladies and Gentlemen: We have acted as counsel to Lessee with respect to the Agreement described above and various related matters, and in this capacity have reviewed a duplicate original or • certified copy thereof and Equipment Schedule No. 01 executed pursuant thereto (together with the Agreement, the "Lease"). The terms capitalized in this opinion but not defined herein shall have the meanings assigned to them in the Lease. Based upon the examination of these and such other documents as we have deemed relevant, it is our opinion that: I. Lessee is a political subdivision of the State of Florida (the "State") within the meaning of Section 103(c) of the Internal Revenue Code of 1986, as amended, and is duly organized, existing and operating under the Constitution and laws of the State. 2. Lessee is authorized and has the power under applicable {aw to enter into the Lease, and to carry out its obligations thereunder and the transactions contemplated thereby. 3. The Lease has been duly authorized, executed and delivered by and on behalf of Lessee, and is a legal, valid and binding obligation of Lessee enforceable in accordance with its terms, except as enforcement thereof may be limited by bankruptcy, insolvency and other similar laws affecting the enforcement of creditors' rights generally and by general equitable principles. 4. The authorization and execution of the Lease and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in • accordance with all applicable open meeting, public records, public bidding and all other laws, rules and regulations of the State. www.jones foster.corrr • LEASING 2, INC. February 13, 2003 Page 2 5. The execution of the Lease and the appropriation of moneys to pay the Rental Payments coming due thereunder do not and will not result in the violation of any constitutional, statutory or other limitation relating to the manner, form or amount of indebtedness which may be incurred by Lessee. 6. There is no litigation, action, suit or proceeding pending or before any court, administrative agency, arbitrator or governmental body that challenges the organization or existence of Lessee, the authority of Lessee or its officers or its employees to enter into the Lease, the proper authorization and/or execution of the Lease or the documents contemplated thereby, the appropriation of moneys to make Rental Payments under the Lease for the current Fiscal Year of Lessee, or the ability of Lessee otherwise to perform its obligations under the Lease and the transactions contemplated thereby. To the best of our knowledge, no such litigation, action, suit or proceeding is threatened. 7. The Equipment is personal property, and when used by Lessee will not be or become fixtures under the laws of the State. • 8. Resolution No. 20-02/03 of the governing body of Lessee was duly and validly adopted by such governing body on February 13, 2003, and such resolution has not been amended, modified, supplemented or repealed and remains in full force and effect. This opinion may be relied upon by the addressee hereof and its successors and assignees of interests in the Lease, but only with regard to matters specifically set forth herein. Sincerely, JONES,~OSTER, JOHNSTON & STUBBS, P.A. Sohn C. Randolph JCR/ssm EXHIBIT G-1 DATE: ~'lI t /'1-oa3 PAw~ A16~So~1 TO: AC.(.oR.D~A -W~Pb Q~~~s~ti.. S of s. F~~.AG u~2 ~Q. Goo W tis r Pa~,r+•~..t.~ac N, ~ ~ 3 3 4 tal Insurance Agent Name & Address (sb~) b 5S ' b So9 ~6 ~ Y) Phone Number and Fax Number Gentlemen Lease No.: Equipment Schedule: O1 VILLAGE OF TEQUESTA, FLORIDA has entered into a Master Lease Agreement dated as of February 13, 2003 with LEASING 2, INC.. In accordance with the Agreement, Lessee certifies that it has instructed the insurance agent named above to issue: a. All Risk Physical Damage Insurance on the leased Equipment evidenced by a Certificate of Insurance and Long Form Loss Payable Clause naming Leasing 2, Inc. and/or its assigns as Loss Payee. The Coverage Required is $397,922.01. b. Public Liability Insurance evidenced by a Certificate of Insurance naming Leasing 2, Inc. and/or its assigns as Additional • Insured. The following minimum coverage is required: Liability: $ 500,000.00 per person Liability -Bodily Injury: $1,000,000.00 aggregate Liability -Property Damage: $1,000,000.00 property damage liability PROPERTY: One (1) new Sutphen Custom Rescue Pumper Model 2001, VM: 1S9A1HI.D731003014 Plus additional equipment as noted on Schedule A to Financing Statement LOCATION: 357 Tequesta Drive, Tequesta, FL 33469 Upon issuance of the coverage outlined above, please mail a certificate of insurance to Leasing 2, Inc. and/or its Assigns 1304 Desoto Avenue, Suite 304 Tampa, FL 33606-3138. Your courtesy in issuing and forwarding the requested certificate at your earliest convenience will be appreciated. Very truly yours, VILLAGE OF TEQUESTA, FLORIDA By~ ~fi~il,--y_~~~. Name: Michael R. Couzzo, Jr. Village Manager Date Y~~ /~.oe3 ~ ~~ Lease No.: Equipment Schedule: Ol • NOTICE AND ACKNOWLEDGMENT OF ASSIGNMENT Dated: February 13, 2003 LEASING 2, INC. ("Assignor") hereby gives notice that it has assigned and sold to SunTrust Leasing Corporation ("Assignee") all of Assignor's right, title and interest in and to the rental payments and other amounts due under the Master Lease Agreement (the "Lease") by and between Assignor and VILLAGE OF TEQUESTA, FLORIDA ("Lessee"). All rental payments and other amounts coming due pursuant to the Lease on and after the date hereof are payable to and should be remitted to Assignee at the following address: SunTrust Leasing Corporation P.O. Box 79194 Baltimore, MD 21279-0194 Lessee hereby acknowledges the effect of the assignment and absolutely and unconditionally agrees to deliver all rental payments and other amounts coming due under the Lease in accordance with the terms thereof on or after the date of this Notice and Acknowledgment of Assignment. Lessee agrees that (i) Assignee shall have all the rights of lessor under the Lease and all related documents, including, but not limited to, the right to issue or receive all notices and reports, to give all consents, to receive title to the equipment, to declare a default and to exercise all remedies thereunder, and (ii) Lessee shall pay Assignee all installment payments and other amounts due under the Lease as and when due, without deduction or offset, notwithstanding any claim Lessee may have against the original lessor, Assignor, Assignee or relative to the equipment, or any other claim of Lessee arising prior to the assignment and sale of the Lease to Assignee, and (iii) Lessee has an unconditional obligation to make payments to Assignee and its assigns under the Lease and the Lease may be terminated (~, whnl~, hilt not in part) by Lessee prior to all payments having been made only pursuant to nonappropriation. ignor and Lessee agree and acknowledge that this Notice and Acknowledgment of Assignment is made for and inures to the benefit ssignee and its assigns. The Lease remains in full force and effect, has not been amended and no nonappropriation or event of efault (or event which with the passage of time or the giving of notice or both would constitute a default) has occurred thereunder. Any inquiries of Lessee related to the Lease and any requests for escrow disbursements, if applicable, should be directed as follows: SunTrust Leasing Corporation 29 West Susquehanna Avenue, Suite 400 CMD2424 Towson, MD 21204 VILLAGE OF TEQUESTA, FLORIDA Lessee By: ~'r~ Name: Michael R. Couzzo, Jr. Title: Village M Wage Date: ~'°~ LEASING 2, INC. Assignor ~~ y. Name: Brad Mey s Title: President Date: ~'nz~-63 • UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS /front and back) CAREFULLY A. NAME 8 PHONE OF CONTACT AT FILER (optional] B. SEND ACKNOWLEDGMENT TO' (Name and Address) THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1. DEBTOR'S EXACT FULL LEGAL NAME -insert only one debtor name rta or tbt - do not abbreviate or combine names 1a. ORGANIZATION'S NAME oR V(Ilage of-Teauesta. Florida 1D. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX tc. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 250 Teauesta Drive. Suite 300 Teauesta FL 33469-0273 1d. TAX ID #: SSN OR EIN ADD'L INFO RE ~te. TYPE OF ORGANIZATION ~tf. JURISDICTION OF ORGANIZATION i tg. ORGANIZATIONAL ID #, if any 5 9- 6 0 4 4 0 8 1 ORGANIZATION ; Municipality ~ Florida DEBTOR ~ ~ NONE 2. ADDITIONAL DEBTOR'S FXACT FULL LF. GAL NAMF - insart nnly nn_P_ daMnr name !2a or 2bt - do not abbreviate or combine names 2a. ORGANIZATION'S NAME ~OR 2b. INDIVIDUAL'S LAST NAME 2c. MAILING ADDRESS FIRST NAME aTY MIDDLE NAME STATE POSTAL CODE COUNTRY SUFFIX 2d. TAX ID #: SSN OR EIN ADD'L INFO RE 12e TYPE OF ORGANIZATION ~2t. JURISDICTION OF ORGANIZATION I 2g. ORGANIZATIONAL ID #, if any ORGANIZATION ! ! DFRTOR ~ I t ^ NONE 3. SECURED PARTY'S NAME for NAME of TOTAL ASSIGNEE of ASSIGNOR S/P1 -insert only one secured oartv namel3a or 3bt 3a. ORGANIZATION'S NAME oR SunTrust Leasing Corporation 3b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 3c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 29 W. Susquehanna Avenue. Suite 400 Towson MD 21204 4. This FINANCING STATEMENT covers the following collateral: One (1) new Sutphen Custom Rescue Pumper Mode12001, VIN: Plus additional equipment as noted on Schedule A to Financing Statement ~5. ALTERNATIVE DESIGNATION lilapplicablel: ^LESSEE/LESSOR ^ CONSIGNEE/CONSIGNOR ^ BAILEE/SAILOR ^ SELLER/BUYER ^ AG. LIEN ^NON-UCC FILING 6. ^ This FINANCING STATEMENT is to be filed Ifor record) (or recorded) in the REAL ~ Check to REQUEST SEARCH REPORT(S) on Debtor(s) ESTATE RECORDS. Atta~.h AdAAndum~ lir ~,n~lirMel ADDITIONAL FEET Ioolionall ^All Debtors ^Debtor 1 ^Debtor 2 8. OPTIONAL FILER REFERENCE DATA FILING OFFICE COPY -NATIONAL UCC FINANCING STATEMENT {FORM UCC1) (REV. 07/29/98) NATUCCt - 514!01 C T System Online • SCHEDULE A TO FINANCING STATEMENT OF VILLAGE OF TEQUESTA, FLORIDA, AS DEBTOR, AND LEASING 2, INC., AS SECURED PARTY Cnntimiatinn of C'nllateral l~escriptinn The financing statement to which this Schedule A is attached covers the types of property described on the face of such financing statement and all of the Debtor's right, title and interest in and to (collectively, the "Collateral"): One (1) new Sutphen Custom Rescue Pumper Model 2001, VIN: 1S9A1H].D731.003014 Pi~~:s additional equipment as follows: • (a) the equipment described in Equipment Schedule No. Ol dated as of February 13, 2003 (the "Equipment Schedule") to the Master Lease Agreement dated as of February 13, 2003 (the "Agreement," and together with the Equipment Schedule, the "Lease") between Debtor, as lessee, and Secured Party, as lessor, as such Lease may be amended, modified or supplemented from time to time together with all of Debtor's right, title and interest in and to the Escrow Account established pursuant to the Lease ; (b) to the extent not included in the foregoing, all books, ledgers and records and all computer programs, tapes, discs, punch cards, data processing software, transaction ftles, master files and related property and rights (including computer and peripheral equipment) necessary or helpful in enforcing, identifying or establishing any item of Collateral; and (c) to the extent not included in the foregoing, all repairs, replacements, substitutions and modifications and all proceeds and products of any or all of the foregoing, whether existing on the date hereof or arising hereafter. • FILE No .967 03121 ' 03 1150 I D ~ ACORD I A WPB FAX ~ PAGE l i 1 ~ ~w t ~~~~ ~~~~~~~~~~ l 111 ~~,~ a~~~~ . '~ 155UE OAl'E (MMIDD/YY) „R i M' ~'F,~N x,797 .;. n 03/21/03 PRODUCER THIS CERTIFICATE IS ISSUED A$ A MA I I F=1i OF INFORMATION ONIrY ANP CONFERS NO RIGHTS UPON THE CERTIFICATE MOLDER. THIS CERTIFICATE 4 IA-WPB DI VI $ ION pOEB NOT AMEN0. EXTEND OR ALTER THE COVERAGE AFFORDED 8Y THE POLICIES BELOW. 501 S. FLIAGLER DR. #600 CQMPANIES AFFORDING CQVEpAGE NEST PALM BEACH FL 33401 PHN (5 61) 6 5 5 - 5 5 0 0 COMPANY A PRE>:'ERRLD GdVNM INS . TRUST E'AX (561) 655-5509 IETTER COMPANY ~y IN61JRE0 LETTER `7 VILLAGE OF TFQUESTA COMPANY r P.O. BOX 3273 SETTER ~r rE4UESTA, FL 33469-0273 coMPaNV D LETTER COMPANY LETTER THIS IS TO CER~~TAqFY_ TryAT E POLICIES OF INSU ~gslU~g Ep gEA~r,~ppNE~VO~T~{ESPSUEp FTy~O~ O~$ UE NAMENp AgO~~ I u ALL THEHT~p~ ~ICI-°t"°TYr ISSUEb~OA~AY~PE"RTAIENMIE u ,.: p::gE;~7... EXCLUSIOWS AND CONDITIONS OF SUCH PC)I,IC uMtfs SHOWN MAY ygVE SEEN RC~~CE[j 9Y PAI~t(1O~~~CSUEM~E T W ~ _~ TYPE~INSURANCE POLICY EFFECTIVE POLICYE~'IRA710h POLICYNUM9ER LIM175 ATE (MM/pp/YY) pATE(MMfDDfYY) T!~ OEMERALLIABILITY PKFL1050250502\P 10/01/02 10/01/03 OENERALAGOREOaIE : 4 000 00 OMMERCIAL OENERALLIABILITY LAiMt3MA0C~000UR. PROpUCTS•COMPfOPAGG. S . . ~ , 400 , OO PERSONAL tiAOV.INJURY $ 2.444, 40 ~( OWNER'S 8 CONTRACTOR'S PROT, (EACH OCCURRENCE S 2, ~ 4 Q~ 4 4 K LAW ENFORCEMENT FIRE pAMAGE (Any one tve) s 5 0 0 0 S 2M ~ $ 7 5 0 0 TIED I , ~OM091LELIAI31L1TY PKFL1054254502\PG10/01/02 MEO.ExP. (My one person) f 10/01/03 COM9INEOSINGLE ANY AUTO LIMIT g 2 , 000 - 44Qf ALL OWNEOAUTOS dOAIi.YlNJURY - - SCrIEDULEpqu705 (Per person) S NIREp AUTOS BODILY INJURY NON-OWNED AUTOS (Pnrxccltlent) 6 OARAOE LIABILITY _._ _. PflOPERTY DAMA®E ElaCE66 LIABILITY _ __ s EACH OCCURRENCE S " UM6RELLA FORM A0C3REOATE s OTHt:R THAN UMBRELtAFORM '::::.; ; ;-, : ' :; ; .: A WORKER`6 CONIP•rNSATION 0 010 0 0 0 0 0 0 3 9101 L 10 / 0 1/ 0 2 :. 14 / 41 ~ p~ ~ X STATUTORY LIMITS ~, ..... , AND ~EacHACC10ENT i 1 000- OOC EMPLOYERS'LIAHILITY (DISEASE-POLIGYLIMIT S 1, 000, OO~ DISEASE ~ EACH EMPI-OYEh S 1. 0 0 0 O O ?~ ~'I't+FBUS.PROP.BLKT PKFL1050250502\PG10/01/02 10/01/03 $14,325,293 - DEDUCTIBLE $5,000 DESCRIPTION OF OPERATIONS/LOCATIONSfVEHICLESISPECIAL 111~MS IT IS HERE BY AGREED AND UNpE12STdOD LEASING 2 INC. AND/OR ITS ASSIGNS YS ~j ED AS LOSS PAYEE WITH RESPECTS TO ALL RISK PHYSICAL DAMAGE ON LEASED EQUI>:+MEI~iT LTMI7' OF INS X5397 922 O1 WT.TH S.,S~ OQO DEDUCTTRr~E ,. ~~1~~ , :. ; .. SHOULp ANY OF THE ABOVE DESCRlsEp POLICIES BE CANCELLEp BEFORE THE EXPIRATION DATE THEREOF, THE (sSUINQ COMPANY WILL ENDEAVC)R TO LEAS LNG ~ , INC . MAIL ~4_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HoIUrR NAMEC TO THE AND / OR Y T ~ S ASSIGNS LEfT, BU f FAILURE TO MAIL SUCH NOVICE SHALL IMPOSE N4 08LIGATION C R 13 04 DES01`O AVE . LNBIJ,[A'~F ANY KIND UPON THE COMPANY, (TS AQENTS OF1 REPRESENTATIVES. ;:~ SUITE 304 f ) TAMPA FL 3 3 6 0 6- 313 $ A REPRESENTA711/E _ ,. ORIGINAL COPY FOR SIGNATURES NOTE: PLEASE DO NOT MARK THESE DOCUMENTS. THEY ARE ORIGINAL LEASE DOCUMENTS FOR SIGNATURE. EVEN WITH POTENTIAL DOCUMENT CHANGES, WE WILL USE MOST OF THIS DOCUMENT. C7 NOTE: This lease agreement has been sent to you now in the interest of saving time and does not necessarily mean that your credit has been approved or that our commitment to you has been finalized. leasing ~ L' LEASING 2, INC. • MASTER LEASE AGREEMENT LEASE NUMBER: This MASTER LEASE AGREEMENT (the "Agreement"), dated as of February 13, 2003 is made and entered into by and between Leasing 2, Inc., a Florida corporation, as lessor (the "Lessor"), and VILLAGE OF TEQUESTA, FLORIDA, a political subdivision of the State of Florida, as lessee ("Lessee"). In consideration of the mutual covenants herein contained, the parties hereto agree as follows: ARTICLE I. DEFINITIONS AND EXHIBITS S inn t _t- Definitions. The following terms have the meanings specified below. "Acceptance Certificate" means each Acceptance Certificate delivered by Lessee as part of an Equipment Schedule certifying as to the delivery, installation and acceptance of Equipment. "Agreement" means this Master Lease Agreement and all Equipment Schedules hereto. "Agreement Date" means the date first written above. "Code" means the Internal Revenue Code of 1986, as amended, together with Treasury Regulations promulgated from time to time thereunder. "Equipment" means all items of property described in Equipment Schedules and subject to this Agreement. "Equipment Group" means each group of Equipment listed in a single Equipment Schedule. "Equipment Schedule" means each sequentially numbered schedule executed by Lessor and Lessee with respect to an Equipment Group. crow Account" means the equipment acquisition account established by Lessor pursuant to the Agreement. vents of Default" means those events described in Section 12.1. "Fiscal Year" means each 12-month fiscal period of Lessee. "Interest" means the portion of a Rental Payment designated as and comprising interest as provided in a Payment Schedule. "Lease" means, with respect to each Equipment Group, this Agreement and the Equipment Schedule relating thereto, which together shall constitute a separate contract between Lessor and Lessee relating to such Equipment Group. "Lease Date" means, with respect to each Lease, the date so designated in the related Equipment Schedule and the commencement date of the interest component as provided in the related Payment Schedule. "Lease Term" means, with respect to each Equipment Group, the period during which the related Lease is in effect as specified in Section 3.1. "Net Proceeds" means any insurance proceeds or condemnation awards paid with respect to any Equipment remaining after payment therefrom of all expenses incurred in the collection thereof. "Non-Appropriation" means the failure of Lessee, Lessee's governing body, or, if applicable, the govenunental entity from which Lessee obtains its operating and/or capital funds to appropriate money for any Fiscal Year sufficient for the continued performance by Lessee of all of Lessee's obligations under this Agreement, as evidenced by the passage of an ordinance or resolution specifically prohibiting Lessee from performing its obligations under this Agreement with respect to any Equipment, and from using any moneys to pay any Rental Payments due under this Agreement for a designated Fiscal Year and all subsequent Fiscal Years. "Payment Date" means each date upon which a Rental Payment is due and payable as provided in a Payment Schedule. "Payment Schedule" means the schedule of Rental Payments attached to an Equipment Schedule. ~incipal" means the portion of any Rental Payment designated as and comprising principal as provided in a Payment Schedule. "Prepayment Price" means the amount so designated and set forth opposite a Payment Date in a Payment Schedule indicating the amount for which Lessee may purchase the related Equipment Group as of such Payment Date after making the Rental Payment due on such Payment Date. 2/10/03.LES-BQ-ESR.DOC/rev 5/Ol/lessor/L2 "Rental Payment" means each payment due from Lessee to Lessor on a Payment Date. "Specifications" means the bid specifications and/or purchase order pursuant to which Lessee has ordered any Equipment from a Vendor. ate" means the state or commonwealth in which Lessee is situated. "Vendor" means each of the manufacturers or vendors from which Lessee has ordered or with which Lessee has contracted for the manufacture, delivery and/or installation of the Equipment. $ectinn 1 ~_ F,xhihi s. Fxhihit A: Equipment Schedule including form of Acceptance Certificate and form of Payment Schedule. Fxhihir R_ t ; Form of Tax Agreement and Arbitrage Certificate (Escrow). Exhibir ~'- t : Form of Resolution of the Governing Body of Lessee relating to each Lease (Escrow). Rxhihit n: Form of Incumbency Certificate as to each officer or representative of Lessee executing this Agreement or any Lease. Rxh;h~: Form of Opinion of Independent Counsel to Lessee. Rxhihi F:. Form of Payment Request Form. Exhihir r-~ : Form of Confirmation of Outside Insurance. Fxh;hit C;_ ;Form of Questionnaire for Self-Insurance and Addendum to Equipment Schedule Relating to Self-Insurance. ARTICLE II. LEASE OF EQUIPMENT Section 2.1. A nnicition of F.n.~nment. Prior to the addition of any Equipment Group, Lessee shall provide Lessor with a description of the equipment proposed to be subject to a Lease hereunder, including the cost and vendor of such equipment, the expected delivery date and the desired lease terms for such equipment, and such other information as the Lessor may require. If Lessor, in its sole discretion, determines the proposed equipment may be subject to a Lease hereunder, Lessor shall furnish to Lessee a proposed Equipment Schedule relating to the Equipment Group for execution by Lessee and then Lessor. By execution hereof, Lessor has made no commitment to lease any equipment to Lessee. Section 2.2. nishurcement. Lessor shall have no obligation to make any disbursement to a Vendor or reimburse Lessee for any payment made to a Vendor for an Equipment Group (or, if the escrow procedure described in Section 2.4 hereof is utilized, consent to a disbursement) until five (5) business days after Lessor has received all of the following in form and substance satisfactory to Lessor: (a) a pleted Equipment Schedule executed by Lessee; (b) an Acceptance Certificate in the form included with Exhibit A hereto; (c) a lution or evidence of other official action taken by or on behalf of the Lessee to authorize the acquisition of the Equipment Group on e terms provided in such Equipment Schedule; (d) a Tax Agreement and Arbitrage Certificate in the form of Exhibit B 1 (as applicable) attached hereto; (e) evidence of insurance with respect to the Equipment Group in compliance with Article VII of this Agreement; (f) Vendor invoice(s) and/or bill(s) of sale relating to the Equipment Group, and if such invoices have been paid by Lessee, evidence of payment thereof and evidence of official intent to reimburse such payment as required by the Code; (g) financing statements naming Lessee as debtor and/or the original certificate of title or manufacturer's certificate of origin and title application, if any, for any Equipment which is part of such Equipment Group and is subject to certificate of title laws; (h) a completed and executed Form 8038-G or 8038-GC, as applicable, or evidence of filing thereof with the Secretary of Treasury; (i) an opinion of counsel to the Lessee substantially in the form of Exhibit E hereto, and (j) any other documents or items reasonably required by Lessor. S tinn 2-~- L~acP• Possession and iTce. Lessor hereby leases the Equipment to Lessee, and Lessee hereby leases the Equipment from Lessor, upon the terms and conditions set forth herein. Lessee shall have quiet use and enjoyment of and peaceably have and hold each Equipment Group during the related Lease Tenn, except as expressly set forth in this Agreement. S . ion 2-d- F.~rnw P~, If Lessor and Lessee agree that the cost of an Equipment Group is to be paid from an Escrow Account: (a) Lessor and Lessee shall execute an Equipment Schedule relating to such Equipment Group; and (b) Lessor shall deposit an amount into the Escrow Account sufficient to cover the cost of the Equipment Group at delivery. All amounts deposited by Lessor into the Escrow Account shall constitute a loan from Lessor to Lessee that shall be repaid by the Rental Payments due under the related Lease. ARTICLE III. TERM Section 3.1 'rte, This Agreement shall be in effect from the Agreement Date until the earliest of (a) termination under Section 3.2 or (b) termination under Section 12.2; ~viriPri,, J7~{,wPVPr, no Equipment Schedules shall be executed after any Non-Appropriation or Event of Default. Each Lease with respect to an Equipment Group shall be in effect for a Lease Term commencing upon the Lease Date and ending as provided in Section 3.5. CP(`tlnn ~.2. Termination by i,r.c.c~, In the sole event ofNon-Appropriation, this Agreement and each Lease hereunder shall terminate, in whole, but not in part, as to all Equipment effective upon the last day of the Fiscal Year for which funds were appropriated, in the manner and subject to the terms specified in this Article. Lessee may effect such termination by giving Lessor a written notice of mation and by paying to Lessor any Rental Payments and other amounts which are due and have not been paid at or before the end of en current Fiscal Year. Lessee shall endeavor to give notice of such termination not less than ninety (90) days prior to the end of the Fiscal Year for which appropriations were made, and shall notify Lessor of any anticipated termination. In the event of termination of this Agreement as provided i.n this Section, Lessee shall comply with the instructions received from Lessor in accordance with Section 12.3. S ion ~3_ Fffect of Termination. Upon termination of this Agreement as provided in Section 3.2, Lessee shall not be responsible for the payment of any additional Rental Payments coming due in succeeding Fiscal Years, but if Lessee has not complied with the instructions 2/ 10/03:LE5-BQ-ESR_DOC/rev.5/01 /lessor/L2 received from Lessor in accordance with Section 12.3, the termination shall nevertheless be effective, but Lessee shall be responsible for the payment of damages in an amount equal to the amount of the Rental Payments that would thereafter have come due if this Agreement had not been terminated and which are attributable to the number of days after which Lessee fails to comply with Lessor's instructions and any other loss suffered by Lessor as a result of Lessee's failure to take such actions as required. tion 3.4. Non-snhsti ~ inn. If this Agreement is terminated by Lessee in accordance with Section 3.2, to the extent permitted by State law, Lessee agrees not to purchase, lease, rent, borrow, seek appropriations for, acquire or otherwise receive the benefits of any personal property to perform the same functions as, or functions taking the place of, those performed by any of the Equipment, and agrees not to permit such functions to be performed by its own employees or by any agency or entity affiliated with or hired by Lessee, for a period of one year following such termination; rnvided, hnwP~Pr, these restrictions shall not be applicable in the event the Equipment shall be sold by Lessor and the amount received from such sale, less all costs of such sale, is sufficient to pay the then applicable Prepayment Prices relating thereto as set forth in the Equipment Schedules; or to the extent the application of these restrictions is unlawful and would affect the validity of this Agreement. S .inn 3.5_ Termination of i ice Term. The Lease Term with respect to any Lease will terminate upon the occurrence of the first of the following events: (a) the termination of this Agreement by Lessee in accordance with Section 3.2; (b) the payment of the Prepayment Price by Lessee pursuant to Article V; (c) an Event of Default by Lessee and Lessor's election to terminate such Lease pursuant to Article XII; or (d) the payment by Lessee of all Rental Payments and all other amounts authorized or required to be paid by Lessee pursuant to such Lease. ARTICLE IV. RENTAL PAYMENTS Section 4.1. Ren al Paym .n s. The Lessee agrees to pay the Rental Payments due as specified in the Payment Schedule in Exhibit A. A portion of each Rental Payment is paid as interest as specified in the Payment Schedule of each lease, and the first Rental Payment will include Interest accruing from the Lease Date. Lessor is authorized to insert the due date of the first Rental Payment in the Payment Schedule in Exhibit A. All Rental Payments shall be paid to Lessor, or to such assignee(s) Lessor has assigned as stipulated in Article XI, at such places as Lessor or such assignee(s) may from time to time designate by written notice to Lessee. Lessee shall pay the Rental Payments with lawful money of the United States of America from moneys legally available therefore. Certinn 4.2. Current F.x nc .The obligations of Lessee, including its obligation to pay the Rental Payments due 1n any Fiscal Year of a Lease Term, shall constitute a current expense of Lessee for such Fiscal Year and shall not constitute an indebtedness of Lessee within the meaning of the Constitution and laws of the State. Nothing herein shall constitute a pledge by Lessee of any taxes or other moneys (other than moneys lawfully appropriated from time to time by or for the benefit of Lessee for this Agreement and the Net Proceeds of the ipment) to the payment of any Rental Payment or other amount coming due hereunder. n d 3_ unconditional Rental Pavrp~g, The Lessee's obligation to make Rental Payments shall be absolute and unconditional. Also, any other payments required hereunder shall be absolute and unconditional. Lessee shall make these payments when due and shall not withhold any of these payments pending final resolution of any disputes. The Lessee shall not assert any right of set-off or counterclaim against its obligation to make these payments. Lessee's obligation to make Rental Payments or other payments shall not be abated through accident, unforeseen circumstances, failure of the Equipment to perform as desired, damage or destruction to the Equipment, loss of possession of the Equipment or obsolescence of the Equipment. The Lessee shall be obligated to continue to make payments required of it by this Agreement if title to, or temporary use of, the Equipment or any part thereof shall be taken under exercise of the power of eminent domain. ARTICLE V. OPTION TO PREPAY S inn 5-1- notion to Pren~v. Lessee shall have the option to prepay its obligations under any Lease in whole but not in part on any Payment Date for the then applicable Prepayment Price as set forth in the related Payment Schedule, provided there has been no Non- Appropriation or Event of Default. Section 5.2. Exercise of n inn. Lessee shall give notice to Lessor of its intention to exercise its option not less than thirty (30) days prior to the Payment Date on which the option will be exercised and shall pay to Lessor not later than such Payment Date an amount equal to all Rental Payments and any other amounts then due or past due under the related Lease (including the Rental Payment due on the Payment Date on which the option shall be effective) and the applicable Prepayment Price set forth in the related Payment Schedule. In the event that all such amounts are not received by Lessor on such Payment Date, such notice by Lessee of exercise thereof shall be void and the related Lease shall continue in full force and effect. Section 5.3. Release of lessor's interest. Upon receipt of the Prepayment Price in good funds with respect to any Equipment Group, the Lease with respect to such Equipment Group shall terminate and Lessee shall become entitled to such Equipment Group AS IS, WHERE IS, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY LESSEE, except that such Equipment Group shall not be subject to any lien or encumbrance created by or arising through Lessor. ~ICLE VI. REPRESENTATIONS, WARRANTIES AND COVENANTS lion 6.1. Representations and Warranties of i.essee. Lessee represents and warrants as of the Agreement Date and as of each Lease Date as follows: (a) Lessee is a state or political subdivision of the State within the meaning of Section 103(c) of the Code, duly organized and existing under the Constitution and laws bf the State, and is authorized under the Constitution and laws of the State to enter into this a I O/03: LES-BQ-ESR. DOC/rev.5/01 /lessor/L2 Agreement, each Lease and the transactions contemplated hereby and thereby, and to perform all of its obligations under this Agreement and each Lease. (b) The execution and delivery of this Agreement and each Lease have been duly authorized by all necessary action of Lessee's erning body and such action is in compliance with all public bidding and other State and federal laws applicable to this Agreement, ~h Lease and the acquisition and financing of the Equipment by Lessee. (c) This Agreement and each Lease have been duly executed and delivered by and constitutes the valid and binding obligation of Lessee, enforceable against Lessee in accordance with their respective terms. (d) The execution, delivery and performance of this Agreement and each Lease by Lessee shall not (i) violate any State or federal law or local law or ordinance, or any order, writ, injunction, decree, or regulation of any court or other govemmental agency or body applicable to Lessee, or (ii) conflict with or result in the breach or violation of any term or provision of, or constitute a default under, any note, bond, mortgage, indenture, agreement, deed of trust, lease or other obligation to which Lessee is bound. (e) There is no action, suit, proceeding, claim, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public board or body pending or, to the best of Lessee's knowledge, threatened against or affecting Lessee, challenging Lessee's authority to enter into this Agreement or any Lease or any other action wherein an unfavorable ruling or finding would adversely affect the enforceability of this Agreement or any Lease. (f) No lease, rental agreement, lease-purchase agreement, payment agreement or contract for purchase to which Lessee has been a party at any time during the past ten (10) years has been terminated by Lessee as a resulC of insufficient funds being appropriated in any Fiscal Year. No event has occurred which would constitute an event of default under any debt, revenue bond or obligation, which Lessee has issued during the past ten (10) years. (g) Lessee or Lessee's governing body has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Rental Payments during the current Fiscal Year, and such moneys will be applied in payment of all Rental Payments due and payable during such current Fiscal Year. (h) Lessee has an immediate need for, and expects to make immediate use of, the Equipment, which need is not temporary or expected to diminish during the applicable Lease Term. Lessee presently intends to continue each Lease hereunder for its entire Lease Term and to pay all Rental Payments relating thereto. ~ ..inn 6. ('nvgnants of i,essee. Lessee agrees that so long as any Rental Payments or other amounts due under this Agreement remain unpaid: (a) Lessee shall not install, use, operate or maintain the Equipment improperly, carelessly, in violation of any applicable law or lation or in a manner contrary to that contemplated by this Agreement. Lessee shall obtain and maintain all permits and licenses ssary for the installation and operation of the Equipment. Lessee shall not, without the prior written consent of Lessor, affix or install y accessory equipment or device on any of the Equipment if such addition would change or impair the originally intended functions, value or use of such Equipment. (b) Lessee shall provide Lessor access at all reasonable times to examine and inspect the Equipment and provide Lessor with such access to the Equipment as may be reasonably necessary to perform maintenance on the Equipment in the event of failure by Lessee to perform its obligations hereunder. (c) Lessee shalt not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or other claim with respect to the Equipment, other than the respective rights of Lessor and Lessee as herein provided. Lessee shall promptly, at its own expense, take such actions as may be necessary duly to discharge or remove any such claim if the same shall arise at any time. Lessee shall reimburse Lessor for any expense incurred by Lessor in order to discharge or remove any such claim. (d) The person or entity in charge of preparing Lessee's budget will include in the budget request for each Fiscal Year the Rental Payments to become due during such Fiscal Year, and will use all reasonable and lawful means available to secure the appropriation of money for such Fiscal Year sufficient to pay all Rental Payments coming due therein. Lessor acknowledges that appropriation for Rental Payments is a governmental function, which Lessee cannot contractually commit itself in advance to perform. Lessee acknowledges that this Agreement does not constitute such a commitment. However, Lessee reasonably believes that moneys in an amount sufficient to make all Rental Payments can and will lawfully be arr~~rriated and made available to permit Lessee's continued utilization of the Equipment in the performance of its essential functions during the applicable Lease Terms. (e) Lessee shall assure that its obligation to pay Rental Payments is not directly or indirectly secured by any interest in property, other than the Equipment, and that the Rental Payments will not be directly or indirectly secured by or derived from any payments of any type or any fund other than Lessee's general purpose fund. (f) Upon Lessor's request, Lessee shall provide Lessor with current financial statements, budgets, and proof of appropriation for the ensuing Fiscal Year and such other financial information relating to the ability of Lessee to continue this Agreement and each Lease as may be reasonably requested by Lessor. (g) Lessee shall promptly and duly execute and deliver to Lessor such further documents, instruments and assurances and take such further action as Lessor may from time to time reasonably request in order to carry out the intent and purpose of this Agreement and to lish and protect the rights and remedies created or intended to be created in favor of Lessor hereunder. ~. Tax Related R~nresentationc_ Warranties and ('nv~g. (a) Incorporation of Tax Agreement and Arbitrage Certificate. As of each Lease Date and with respect each Lease, Lessee makes each of the representations, warranties and covenants contained in the Tax Agreement and Arbitrage Certificate delivered with respect to such Lease. By this reference each such Ta~c Agreement and Arbitrage Certificate is incorporated in and made a part of this Agreement. 2/ I 0/O3:LE5-B Q-ESR. DOC/rev. 5/01 /lessor/L2 (b) Event of Taxability. If Lessor either (i) receives notice, in any form, from the Internal Revenue Service or (ii) reasonably determines, based on an opinion of independent tax counsel selected by Lessor, that Lessor may not exclude any Interest paid under any Lease from its Federal gross income (each an "Event of Taxability"), the Lessee shall pay to Lessor upon demand (x) an amount which, ~h respect to Rental Payments previously paid and taking into account all penalties, fines, interest and additions to tax (including all eral, state and local taxes imposed on the Interest due through the date of such event), will restore to Lessor its after-tax yield (assuming tax at the highest marginal tax rate and taking into account the time of receipt of Rental Payments and reinvestment at the after-tax yield rate) on the transaction evidenced by such Lease through the date of such event and (y) as additional Rental Payments to Lessor on each succeeding Payment Date such amount as will maintain such after-tax yield to Lessor. ARTICLE VII. INSURANCE AND RISK OF LOSS Section 7.1. I.iahility and Prn~nerty insurance. Lessee shall, at its own expense, procure and maintain continuously in effect during each Lease Term: (a) public liability insurance for death or injuries to persons, or damage to property arising out of or in any way connected to the Equipment sufficient to protect Lessor and/or assigns from liability in all events, with a coverage of not less than $1,000,000 per occurrence unless specified differently in the related Equipment Schedule, and (b) insurance against such hazards as Lessor may require, including, but not limited to, all-risk casualty and property insurance, in an amount equal to the greater of the full replacement cost of the Equipment or the applicable Prepayment Price of each Equipment Group. Section 7.2. Wn~c' Cmm~ensation insurance. If required by State law, Lessee shall carry workers' compensation insurance covering all employees on, in, near or about the Equipment, and upon request, shall furnish to Lessor certificates evidencing such coverage throughout the Lease Term. Section 7.3- inc gran R ~ 3ir m n c (a) Insurance Policies. All insurance policies required by this Article shall be taken out and maintained with insurance companies acceptable to Lessor and shall contain a provision that thirty (30) days prior to any change in the coverage the insurer must provide written notice to the insured parties. No insurance shall be subject to any co-insurance clause. Each insurance policy shall name Lessor and/or its assigns as an additional insured party and loss payee regardless of any breach of warranty or other act or omission of Lessee and shall include a lender's loss payable endorsement for the benefit of Lessor and/or is assigns. Prior to the delivery of Equipment, Lessee shall deposit with Lessor evidence satisfactory to Lessor of such insurance and, prior to the expiration thereof, shall provide Lessor evidence of all renewals or replacements thereof. (b) Se1Jlnsurance. With Lessor's prior consent, Lessee may self-insure the Equipment by means of an adequate insurance fund set aside and maintained for that purpose which must be fully described in a letter delivered to Lessor in form acceptable to Lessor. Evidence of Insurance. Lessee shall deliver to Lessor upon acceptance of any Equipment evidence of insurance which complies this Article VII with respect to such Equipment to the satisfaction of Lessor, including, without limitation, the confirmation of insurance in the form of Exhibit G-1 attached hereto together with Certificates of Insurance, when available, or the Questionnaire for Self- Insurance and Addendum to Equipment Schedule Relating to Self-Insurance in the form of Exhibit G-2 attached hereto, as applicable. Section 7.4. Rick of I,ncc. To the extent permitted by the applicable laws of the State, as between Lessor and Lessee, Lessee assumes all risks and liabilities from any cause whatsoever, whether or not covered by insurance, for loss or damage to any Equipment and for injury to or death of any person or damage to any property. Whether or not covered by insurance, Lessee hereby assumes responsibility for and agrees to indemnify Lessor from all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses, including reasonable attorneys' fees, imposed on, incurred by or asserted against Lessor that relate to or arise out of this Agreement, including but not limited to, (a) the selection, manufacture, purchase, acceptance or rejection of Equipment or the ownership of the Equipment, (b) the delivery, lease, possession, maintenance, use, condition, return or operation of the Equipment, (c) the condition of the Equipment sold or otherwise disposed of after possession by Lessee, (d) the conduct of Lessee, its officers, employees and agents, (e) a breach of Lessee of any of its covenants or obligations hereunder, (f) any claim, loss, cost or expense involving alleged damage to the environment relating to the Equipment, including, but not limited to investigation, removal, cleanup and remedial costs, and (g) any strict liability under the laws or judicial decisions of any state or the United States. This provision shall survive the termination of this Agreement. Section 7.5. nec r irtion of Fq~ m n . Lessee shall provide a complete written report to Lessor immediately upon any loss, theft, damage or destruction of any Equipment and of any accident involving any Equipment. Lessor may inspect the Equipment at any time and from time to time during regular business hours. If all or any part of the Equipment is stolen, lost, destroyed or damaged beyond repair ("Damaged Equipment"), Lessee shall within thirty (30) days after such event either: (a) replace the same at Lessee's sole expense with equipment having substantially similar Specifications and of equal or greater value to the Damaged Equipment immediately prior to the time of the loss occurrence, such replacement equipment to be subject to Lessor's approval, whereupon such replacement equipment shall be substituted in the applicable Lease and the other related documents by appropriate endorsement or amendment; or (b) pay the applicable Prepayment Price of the Damaged Equipment determined as set forth in the related Equipment Schedule. Lessee shall notify Lessor of which course of action it will take within fifteen (] 5) days after the loss occurrence. If, within forty-five (45) days of the loss occurrence, (a) Lessee fails to notify Lessor; (b) Lessee and Lessor fail to execute an amendment to the applicable Equipment Schedule to delete the aged Equipment and add the replacement equipment or (c) Lessee has failed to pay the applicable Prepayment Price, then Lessor may, sole discretion, declare the applicable Prepayment Price of the Damaged Equipment, to be immediately due and payable. The Net Proceeds of insurance with respect to the Damaged Equipment shall be made available by Lessor to be applied to discharge Lessee' obligation under this Section. 2/10/03:LES-BQ-ESR DOC/rev.5/01/lessor/L2 ARTICLE VIII. OTHER OBLIGATIONS OF LESSEE ~t,n R_l. Maintenance of F~n>Irnn,~nr, Lessee shall notify Lessor in writing prior to moving the Equipment to another address and shall otherwise keep the Equipment at the address specified in the related Equipment Schedule. Lessee shall, at its own expense, maintain Equipment in proper working order and shall make al] necessary repairs and replacements to keep the Equipment in such condition uding compliance with State and federal laws. Any and all replacement parts must be free of encumbrances and liens. All such placement parts and accessories shall be deemed to be incorporated immediately into and to constitute an integral portion of the Equipment and as such, shall be subject to the terms of this Agreement. Section R.2. Taxes. Lessee shall pay all taxes and other charges which are assessed or levied against the Equipment, the Rental Payments or any part thereof, or which become due during the Lease Term, whether assessed against Lessee or Lessor, except as expressly limited by this Section. Lessee shall pay al] utilities and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Equipment, and all special assessments and charges lawfully made by any governmental body that may be secured by a lien on the Equipment. Lessee shall not be required to pay any federal, state or local income, succession, transfer, franchise, profit, excess profit, capital stock, gross receipts, corporate, or other similar tax payable by Lessor, its successors or assigns, unless such tax is made as a substitute for any tax, assessment or charge which is the obligation of Lessee under this Section. Section R.3. Advancec. If Lessee shall fail to perform any of its obligations under this Article, Lessor may take such action to cure such failure, including the advancement of money, and Lessee shall be obligated to repay all such advances on demand, with interest at the rate of 18% per annum or the maximum rate permitted by law, whichever is less, from the date of the advance to the date of repayment. ARTICLE IX. TITLE ~Qn A_ 1 '~, During the Lease Term, ownership and legal title of all Equipment and all replacements, substitutions, repairs and modification shall be in Lessee and Lessee shall take all action necessary to vest such ownership and title in Lessee. Lessor does not own the Equipment and by this Agreement and each Lease is merely fmancing the acquisition of such equipment for Lessee. Lessor has not been in the chain of title of the Equipment, does not operate, control or have possession of the Equipment and has no control over the Lessee or the Lessee's operation, use, storage or maintenance of the Equipment. Sg~,tinn 9~._ Cernri y intprPCt, Lessee hereby grants to Lessor a continuing first priority security interest in and to the Equipment, all repairs, replacements, substitutions and modifications thereto and all proceeds thereof and in the Escrow Account (if any) in order to secure Lessee's payment of all Rental Payments and the performance of all other obligations. Lessee hereby authorizes Lessor to prepare and file such fmancing statements and other such documents to establish and maintain Lessor's valid first lien and perfected security interest. Lessee will join with Lessor in executing such documents and will perform such acts as Lessor may request to establish and maintain or's valid first lien and perfected security interest. If requested by Lessor, Lessee shall obtain a landlord and/or mortgagee's consent aiver with respect to the Equipment. If requested by Lessor, Lessee shall conspicuously mark the Equipment, and maintain such kings during the Lease Term, to clearly disclose Lessor's security interest in the Equipment. Upon termination of a Lease through exercise of Lessee's option to prepay pursuant to Article V or through payment by Lessee of all Rental Payments and other amounts due with respect to an Equipment Group, Lessor's security interest in such Equipment Group shall terminate, and Lessor shall execute and deliver to Lessee such documents as Lessee may reasonably request to evidence the termination of Lessor's security interest in such Equipment Group. S . ion 9_~ Modification of F.q ~inmen . Lessee will not, without the prior written consent of Lessor, affix or install any accessory equipment or device on any of the Equipment if such addition will change or impair the originally intended value, function or use of the Equipment. Section 9.a personal Prppert~v. The Equipment is and shall at all times be and remain personal property and not fixtures. ARTICLE X. WARRANTIES Section 10.1 _ Celection of Fq>;; m n . Each Vendor and all of the Equipment have been selected by Lessee. Lessor shall have no responsibility in connection with the selection of the Equipment, the ordering of the Equipment, its suitability for the use intended by Lessee, the acceptance by any Vendor or its sales representative of any order submitted, or any delay or failure by such Vendor or its sales representative to manufacture, deliver or install any Equipment for use by Lessee. Section 10.2. Vendor'c Warran i s. Lessor hereby assigns to Lessee for and during the related Lease Term, all of its interest, if any, in all Vendor's warranties, guarantees and patent indemnity protection, express or implied issued on or applicable to an Equipment Group, and Lessee may obtain the customary services furnished in connection with such wan•anties and guarantees at Lessee's expense. Lessor has no obligation to enforce any Vendor's warranties or obligations on behalf of itself or Lessee. Section 10.3_ disclaimer or ~7i/~rra. ntie_c. LESSEE ACKNOWLEDGES THAT THE EQUIPMENT IS OF A SIZE, DESIGN, CAPACITY, AND MANUFACTURE SELECTED BY LESSEE. LESSEE ACKNOWLEDGES THAT IT SELECTED THE EQUIPMENT WITHOUT ASSISTANCE OF LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR IS NOT A MANUFACTURER OF THE EQUIPMENT OR A DEALER IN SIMILAR EQUIPMENT, AND DOES NOT INSPECT THE EQUIPMENT BEFORE DELIVERY TO LESSEE. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO T VALUE, DESIGN, CONDITION, QUALITY, DURABILITY, SUITABILITY, MERCHANT-ABILITY OR FITNESS FOR ANY CULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY LESSEE OF THE EQUIPMENT, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE EQUIPMENT. fN NO EVENT SHALL LESSOR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE EQUIPMENT OR LESSEE'S USE OF THE EQUIPMENT. 2/10/03'LES-BQ-ESR.DOC/rev 5/01/lessor/L2 ARTICLE XI. ASSIGNMENT AND SUBLEASING Secti n 11.1. Assignm n byl,eccor. Lessor, without Lessee's consent, may assign and reassign all of Lessor's right, title and/or interest in and to this Agreement or any Lease, including, but not limited to, the Rental Payments and other amounts payable by Lessee and ~or's interest in the Equipment, in whole or in part to one or more assignees or subassignee(s) by Lessor at any time. No such gnment shall be effective as against Lessee unless and until written notice of the assignment is provided to Lessee. When presented with a notice of assignment, Lessee will acknowledge in writing receipt of such notice for the benefit of Lessor and any assignee. Lessee shall keep a complete and accurate record of all such assignments. Section 11.2. Accianment and Snhleasing~y i,essee. Neither this Agreement nor any Lease or any Equipment may be assigned, subleased, sold, transferred, pledged or mortgaged by Lessee. ARTICLE XII. EVENTS OF DEFAULT AND REMEDIES ,Crrtinq_],~-1. Rvents of Defa 11t Defined. The occurrence of any of the following events shall constitute an Event of Default under this Agreement and each Lease: (a) Lessee's failure to pay, within ten (10) days following the due date thereof, any Rental Payment or other amount required to be paid to Lessor (other than by reason ofNon-Appropriation). (b) Lessee's failure to maintain insurance as required by Article VII. (c) With the exception of the above clauses (a) & (b), Lessee's failure to perform or abide by any condition, agreement or covenant for a period of thirty (30) days after written notice by Lessor to Lessee specifying such failure and requesting that it be remedied, unless Lessor shall agree in writing to an extension of time prior to its expiration. (d) Lessor's determination that any representation or warranty made by Lessee in this Agreement was untrue in any material respect upon execution of this Agreement or any Equipment Schedule. (e) The occurrence of an Event of Taxability. (f) The filing of a petition in bankruptcy by or against Lessee, or failure by Lessee promptly to lift any execution, garnishment or attachment of such consequence as would impair the ability of Lessee to carry on its governmental functions or assignment by Lessee for the benefit of creditors, or the entry by Lessee into an agreement of composition with creditors, or the approval by a court of competent jurisdiction of any adjustment of indebtedness of Lessee, or the dissolution or liquidation of Lessee. Secti n 12.2. Remedies nn D fault. Upon the occurrence of any Event of Default, Lessor shall have the right, at its option and without any further demand or notice to one or more or all of the following remedies: a Lessor, with or without terminating this Agreement or any Lease, may declare all Rental Payments immediately due and payable essee, whereupon such Rental Payments shall be immediately due and payable. Lessor, with or without terminating this Agreement or any Lease, may repossess any or all of the Equipment by giving Lessee written notice to deliver such Equipment in the manner provided in Section ] 2.3; or in the event Lessee fails to do so within ten (10) days after receipt of such notice, Lessor may enter upon Lessee's premises where such Equipment is kept and take possession of such Equipment and charge Lessee for costs incurred, including reasonable attorneys' fees. Lessee hereby expressly waives any damages occasioned by such repossession. If the Equipment or any portion has been destroyed, Lessee shall pay the applicable Prepayment Price of the destroyed Equipment as set forth in the related Payment Schedule. Regardless of the fact that Lessor has taken possession of the Equipment, Lessee shall continue to be responsible for the Rental Payments due during the Fiscal Year. (c) If Lessor terminates this Agreement and/or any Lease and, in its discretion, takes possession and disposes of any or all of the Equipment, Lessor shall apply the proceeds of any such disposition to pay the following items in the following order: (i) all costs (including, but not limited to, attorneys' fees) incurred in securing possession of the Equipment; (ii) all expenses incurred in completing the disposition; (iii) any sales or transfer taxes; (iv) the applicable Prepayment Prices of the Equipment Groups; and (v) the balance of any Rental Payments owed by Lessee during the Fiscal Year then >n effect. Any disposition proceeds remaining after the requirements of Clauses (i), (ii), (iii), (iv) and (v) have been met shall be paid to Lessee. (d) Lessor may take any other remedy available, at law or in equity, with respect to such Event of Default, including those requiring Lessee to perform any of its obligations or to pay any moneys due and payable to Lessor and Lessee shall pay the reasonable attorneys' fees and expenses incurred by Lessor in enforcing any remedy hereunder. (e) Each of the foregoing remedies is cumulative and may be enforced separately or concurrently. Section 123_ Return of F.gni~m n : R I ac of i, ssPe's in r s , Upon termination of any Lease prior to the payment of all related Rental Payments or the applicable Prepayment Price (whether as result ofNon-Appropriation or Event of Default, Lessee shall, within ten (10) days after such termination, at its own expense: (a) perform any testing and repairs required to place the related Equipment in the condition required by Article VIII; (b) if deinstallation, disassembly or crating is required, cause such Equipment to be deinstalled, disassembled and crated by an authorized manufacturer's representative or such other service person as is satisfactory to Lessor; and (c) return such Equipment to a location specified by Lessor, freight and insurance prepaid by Lessee. If Lessee refuses to return such Equipment in the manner designated, Lessor may repossess the Equipment without demand or notice and without court order or legal cess and charge Lessee the costs of such repossession. Upon termination of this Agreement in accordance with Article III or Article hereof, at the election of Lessor and upon Lessor's written notice to Lessee, full and unencumbered legal title and ownership of the quipment shall pass to Lessor. Lessee shall have no further interest therein. Lessee shall execute and deliver to Lessor such documents as Lessor may request to evidence the passage of legal title and ownership to Lessor and termination of Lessee's interest in the Equipment. 2/10/03. LES-BQ-ESR.DOC/rev.5/01 /lessor/L2 Section 12.4 i,~P ('ham. Lessor shall have the right to require late payment charge for each Rental or any other amount due hereunder which is not paid within 10 days of the date when due equal to the lesser of 5% of each late payment or the legal maximum. This Section is only applicable to the extent it does not affect the validity of this Agreement. !I'ICLE XIII. MISCELLANEOUS PROVISIONS Section t 3_1. Notices. All written notices to be given under this Agreement shall be given by mail to the party entitled thereto at its address specified beneath each party's signature, or at such address as the party may provide to the other parties hereto in writing from time to time. Any such notice shall be deemed to have been received 72 hours after deposit in the United States mail in registered or certified form, with postage fully prepaid, or, if given by other means, when delivered at the address specified in this Section 13.1. Section t 3 7., Binding Effect. This Agreement and each Lease hereunder shall be binding upon and shall inure to the benefit of Lessor and Lessee and their respective successors and assigns. Specifically, as used herein the term "Lessor" means any person or entity to whom Lessor has assigned its right to receive Rental Payments under any Lease. ~getion 13.3. 4everahility. In the event any provision of this Agreement or any Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section t'i.4_ En it . Aareem n ;Amendments. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous writings, understandings, agreements, solicitation documents and representations, express or implied. This Agreement may be amended or modified only by written documents duly authorized, executed and delivered by Lessor and Lessee. $g~jnn 13 4 C'antions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions, Articles, Sections or Clauses hereof. Section 13.6- For+her Assurances and ('nrrective Tnstrnments. Lessor and Lessee agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Equipment hereby leased or intended so to be, or for otherwise carrying out the expressed intention of this Agreement. Lessee hereby authorizes Lessor to file any financing statement or supplements thereto as may be reasonably required for correcting any inadequate description of the Equipment hereby leased or intended so to be, or for otherwise canrying out the expressed intention of this Agreement. Section 13.7. fnverningJ,aw. This Agreement shall be governed by and construed in accordance with the laws of the State. ~lf'^ t3,£2- TTci~. It is the intention of the parties hereto to comply with any applicable usury laws; accordingly, it is agreed that, twithstanding any provisions to the contrary herein or in any Equipment Schedule, in no event shall this Agreement or any Lease under require the payment or permit the collection of Interest or any amount in the nature of Interest or fees in excess of the maximum ount permitted by applicable law. Any such excess Interest or fees shall first be applied to reduce Principal, and when no Principal remains, refunded to Lessee. In determining whether the Interest paid or payable exceeds the highest lawful rate, the total amount of Interest shall be spread through the applicable Lease Term so that the Interest is uniform through such term. ~pn 13-9_ Delayed r~lnsin~. In the event of a delayed closing Lessor will benefit from the interest that accrues between the Commencement Date and the Closing Date. S .ion 13.10. i,essPP'c performance. A failure or delay of Lessor to enforce any of the provisions of this Agreement or any Lease shall in no way be construed to be a waiver of such provision. ~nn 13.1 Ot _ Waiver of .Turv Trlal, Lessor and Lessee hereby waive any right to trial by jury in any action or proceeding with respect to, in connection with or arising out of this Agreement. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] • 2110/03 ~ LES-BQ-ESR. DOC/rev.5/01 /lessor/L2 • EXECUTION PAGE OF MASTER LEASE AGREEMENT LEASE NUMBER: IN WITNESS WHEREOF, Lessor has caused this Agreement to be executed in its corporate name by its duly authorized officer, and Lessee has caused this Agreement to be executed in its name by its duly authorized officer. VILLAGE OF TEQUESTA, FLORIDA Lessee !, ~ By. _~~~ ~ Name: Michael R. Couzzo, Jr. Title: Village Manager Date: 'z' ~ye~a ~ Address: 250 Tequesta Drive, Suite 300 Tequesta, FL 33469-0273 lephone: 561-575-6200 simile: 561-575-6203 LEASING 2, INC. Lessor By: Name: Brad Meyers Title: President Date: Address: 1304 Desoto Avenue, Suite 304 Tampa, FL 33606-3138 Telephone: 813-258-9888 Facsimile: 813-258-9333 2/ 10/03: LES-BQ-ESR. DOC/rev.5/01 /lessor/L2 9 EXHIBIT A • EQUIPMENT SCHEDULE NO. O1 TO MASTER LEASE NUMBER: The following Equipment comprises an Equipment Group which is the subject of the Master Lease Agreement dated as February 13, 2003 (the "Agreement") between the undersigned Lessor and Lessee. The Agreement is incorporated herein in its entirety, and Lessee hereby reaffirms each of its representations, warranties and covenants contained in the Agreement. Lessee warrants that no Non-Appropriation and no Event of Default, or event which, with the passage of time or the giving of notice or both, would constitute an Event of Default, has occurred under the Agreement. An Acceptance Certificate and Payment Schedule are attached to this Equipment Schedule and by reference are made a part hereof. The terms capitalized in this Equipment Schedule but not defined herein shall have the meanings assigned to them in the Agreement. f~jTiPMF,~TT (:Rni JP The cost of the Equipment Group to be funded by Lessee under this Lease is tbrPP hundred ninety seven thousand nine h ~ndry~ed twenty twn and Ol/100 dollars (2397,922.011 (the "Acquisition Cost"). The Equipment Group consists of the following Equipment which has been or shall be purchased from the Vendor(s) named below for the prices set forth below: One (1) new Sutphen Custom Rescue Pumper Model 2001, VIN: Plus additional equipment as noted on Schedule A to Financing Statement The Equipment Group is or will be located at the following address(es). Prior to relocation of the Equipment Group or any portion thereof during the Lease Term, Lessee will provide written notice to Lessor: 357 Tequesta Drive, Tequesta, FL 33469 EQUIPMENT SCHEDULE LEASE DATE: February 13, 2003 ~ILLAGE OF TEQUESTA, FLORIDA Lessee , ~~~ _~.. By .~ .. Name: Michael R. Couzzo, Jr. v Title: Village Ma ager Date' ~~/ / r ~y° O~ Address: 250 Tequesta Drive, Suite 300 Tequesta, FL 33469-0273 Telephone: 561-575-6200 Facsimile: 561-575-6203 LEASING 2, INC. Lessor By: Name: Brad Meyers Title: President Date: Address: 1304 Desoto Avenue, Suite 304 Tampa, FL 33606-3138 Telephone: 813-25 8-988 8 Facsimile: 813 -25 8-933 3 • Lease No.: Equipment Schedule: O1 • ACCEPTANCE OF OBLIGATION TO COMMENCE RENTAL PAYMENTS UNDER PAYMENT SCHEDULE RE: Master Lease Agreement dated February 13, 2003, between Leasing 2, Inc. (Lessor) and Village of Tequesta, Florida (Lessee) I, the undersigned, hereby certify that I am a duly qualified representative of Lessee and have been given the authority by the governing body of Lessee to sign this Acceptance of Obligation to Commence Rental Payments with respect to the above referenced Lease. I hereby certify that: 1. The Equipment described in the Equipment Schedule has not been delivered, installed or available for use as of the Lease Date of this Equipment Schedule; 2. Lessee acknowledges that Lessor has agreed to deposit into an Escrow Account an amount sufficient to pay the total cost of the Equipment identified in Exhibit A upon delivery; 3. The principal amount of the Rental Payments in the Payment Schedule accurately reflects the cost of the Equipment; 4. Lessee agrees to execute an Acceptance Certificate and Payment Request Form authorizing payment of the cost of the Equipment, or a portion hereof, for each withdrawal of funds from the Escrow Account. Notwithstanding that the Equipment has not been delivered to, or accepted by, Lessee on the Lease Date hereby warrants that: (a) Lessee's obligation to commence Rental Payments as set forth in Payment Schedule is absolute and unconditional as of the Lease Date and on each date set forth in Payment Schedule thereafter, subject to the terms and conditions of the Lease; •) immediately upon delivery and acceptance of all the Equipment, Lessee will notify Lessor of Lessee's final acceptance of the Equipment by delivering to Lessor the "Acceptance Certificate" in the form attached to the Equipment Schedule; (c) in the event that any surplus amount is on deposit in the Escrow Account and the Agreement is terminated pursuant to Section 3.2 (Termination by Lessee) or Section 12.1 (Event of Default) thereof, those amounts shall be forwarded to Lessor or its assignee, if assigned, to be applied as provided in the Agreement. Lessee shall have no further interest therein. Any surplus amount remaining after payment of all of the Equipment to be leased under the Agreement will be forwarded to Lessor, or to its assignee, if assigned, for application toward the next Rental Payment due. (d) regardless of whether Lessee delivers a final Acceptance Certificate, all Rental Payments paid prior to delivery of all the Equipment shall be credited to Rental Payments as they become due under the Lease as set forth in Payment Schedule. Notwithstanding any other provision of this Acceptance of Obligation, the Lease shall remain in full force and effect with respect to all or the portion of the Equipment accepted by Lessee as provided in this Lease. VILLAGE OF TEQUESTA, FLORIDA Lessee By ~-?' f, Name: Michael R. Couzzo, J~ Title: Villa e M a er Date• 7'/ / `~g/~~~~ • Lease No.: Equipment Schedule: 01 • ~1YMFNT CCH~F, The Lease Date with respect to the above referenced Equipment Group shall be February 13, 2003. The Annual Interest Rate applicable to the Equipment Group shall be 3.610%. Lessee will make Rental Payments each consisting of Principal and Interest as set forth below for a term of ten (10) years. The first Rental Payment is due on April 15, 2003 and subsequent payments are due annually on like date thereafter. Payment Payment Total Interest Principal Prepayment Numher Rate Payment C'om nn n C'om on Went E~1~~* 1 4/15/03 $46,720.05 $2,434.07 $44,285.98 $364,245.11 2 4/15/04 $46,720.05 $12,766.26 $33,953.79 $329,272.71 3 4/15/05 $46,720.05 $11,540.53 $35,179.52 $293,037.80 4 4/] 5/06 $46,720.05 $10,270.55 $36,449.50 $255,494.82 5 4/15/07 $46,720.05 $8,954.72 $37,765.33 $216,596.53 6 4/15/08 $46,720.05 $7,591.39 $39,128.66 $176,294.01 7 4/15/09 $46,720.05 $6,178.85 $40,541.20 $134,536.57 8 4/15/10 $46,720.05 $4,715.3] $42,004.74 $91,271.69 9 4/15/11 $46,720.05 $3,198.94 $43,52].11 $46,444.95 10 4115/12 $46,720.05 $1,627.87 $45,092.18 $0.00 Grand Totals $467,200.50 $69,278.49 $397,922.01 • Last interest amount increased by 0.04 due to rounding. VILLAGE OF TEQUESTA, FLORIDA Lessee Name: Michael A. Couzzo~ v Title: Village Manager DatP~ y'/ / SC,~°3 * After payment of Rental Payment due on such date. • EXHIBIT B-1 [Escrow} • Lease No.: Equipment Schedule: O1 TAX AGRF,F.MF.NT AND ARRTTRAGF. f'FgTTFT('~ This TAX AGREEMENT AND ARBITRAGE CERTIFICATE (this "Certificate") is issued by VILLAGE OF TEQUESTA, FLORIDA ("Lessee") in favor of Leasing 2, Inc. ("Lessor") in connection with that certain Master Lease Agreement dated as of February 13, 2003 (the "Agreement"), by and between Lessor and Lessee. The terms capitalized herein but not defined herein shall have the meanings assigned to them in the Agreement. Section 1. Tn General. 1.1. This Certificate is executed for the purpose of establishing the reasonable expectations of Lessee as to future events regarding the financing of certain equipment (the "Equipment") to be acquired by Lessor and leased to Lessee pursuant to and in accordance with the Equipment Schedule referenced above (the "Equipment Schedule") executed under the Agreement (together with all related documents executed pursuant thereto and contemporaneously herewith, the "Financing Documents"). As described in the Financing Documents, Lessor shall apply three hundred ninety seven thousand nine hundred twenty two and 01/100 dollars ($397,922.01) (the "Principal Amount") toward the acquisition of the Equipment and Lessee shall make Rental Payments under the terms and conditions as set forth in the Financing Documents. 1.2. The individual executing this Certificate on behalf of Lessee is an officer of Lessee delegated with the responsibility of reviewing and executing the Financing Documents, pursuant to the resolution or other official action of Lessee adopted with respect to the Financing Documents, a copy of which has been delivered to Lessor. 1.3. The Financing Documents are being entered into for the purpose of providing funds for financing the cost of acquiring, equipping and installing the Equipment which is essential to the governmental functions of Lessee, which Equipment is described in the Equipment Schedule. The Principal Amount will be deposited in escrow by Lessor on or after the Lease Date of the Equipment Schedule and held pending acquisition of the Equipment under the terms of the Agreement. 1.4. Lessee will timely file for each payment schedule issued under the Lease a Form 8038-G (or, if the invoice price of the Equipment der such schedule is less than $100,000, a Form 8038-GC) relating to such Lease with the Internal Revenue Service in accordance ~th Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Code"). 1.5. Lessee has not issued, and reasonably anticipates that it and its subordinate entities, if any, will not issue, tax-exempt obligations (including the Lease) in the amount of more than $10,000,000 during the current calendaz year. Lessee hereby designates the Lease as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code and agrees that it and its subordinate entities, if any, will not designate more than $10,000,000 of their obligations as "qualified tax-exempt obligations" during the current calendar year. Section 2. Non-Arhitraae Certifications. 2.1. The Rental Payments due under the Financing Documents will be made with monies retained in Lessee's general operating fund (or an account or subaccount therein). No sinking, debt service, reserve or similar fund or account will be created or maintained for the payment of the Rental Payments due under the Financing Documents or pledged as security therefor. 2.2. There have been and will be issued no obligations by or on behalf of Lessee that would be deemed to be (i) issued or sold within fifteen (15) days before or after the date of issuance of the Financing Documents, (ii) issued or sold pursuant to a common plan of financing with the Financing Documents and (iii) paid out of substantially the same source of funds as, or deemed to have substantially the same claim to be paid out of substantially the same source of funds as, the Financing Documents. 2.3. Other than the Principal Amount held in the Escrow Account ,Lessee does not and will not have on hand any funds that are or will be restricted, segregated, legally required or otherwise intended to be used, directly or indirectly, as a substitute, replacement or separate source of financing for the Equipment. 2.4. No portion of the Principal Amount is being used by Lessee to acquire investments which produce a yield materially higher than the yield realized by Lessor from Rental Payments received under the Financing Documents. 2.5. The Principal Amount does not exceed the amount necessary for the governmental purpose for which the Financing Documents were entered into. Such funds are expected to be needed and fully expended for payment of the costs of acquiring, equipping and installing the Equipment. 2.6. Lessee does not expect to convey, sublease or otherwise dispose of the Equipment, in whole or in part, at a date which is earlier than the final Payment Date under the Financing Documents. n ~_ Disbursement nf~ds; Reimbursement to T,ecc~g, .1. It is contemplated that the entire Principal Amount deposited in escrow will be used to pay the acquisition cost of Equipment to the vendors or manufacturers thereof, provided that, if applicable, a portion of the principal amount may be paid to Lessee as reimbursement for acquisition cost payments already made by it so long as the conditions set forth in Section 3.2 below are satisfied. Lessee shall not request that it be reimbursed for Equipment acquisition cost payments already made by it unless each of the lowing conditions have been satisfied: Lessee adopted a resolution or otherwise declared its official intent in accordance with Treasury Regulation § 1.150-2 (the eclar ~ of Official Intent"), wherein Lessee expressed its intent to be reimbursed from the proceeds of a borrowing for all or a -tior a cost of the Equipment, which expenditure was paid to the Vendor not earlier than sixty (60) days before Lessee adopted Dec tion of Official Intent; The reimbursement being requested will be made by a written allocation before the later of eighteen (18) months after the ~enditure was paid or eighteen (18) months after the items of Equipment to which such payment relates were placed in service; The entire payment with respect to which reimbursement is being sought is a capital expenditure, being a cost of a type iperly chargeable to a capital account under general federal income tax principles; and Lessee will use any reimbursement payment for general operating expenses and not in a manner which could be construed as artifice or device under Treasury Regulation § 1.148-10 to avoid, in whole or in part, arbitrage yield restrictions or arbitrage rebate luirements. rtinn 4. iTse and investment of Finds; Tem nn rarvPerind. . Lessee has incurred or will incur, within six (6) months from the date of issuance of the Financing Documents, binding obligations pay an amount equal to at least five percent (5%) of the Principal Amount toward the costs of the Equipment. An obligation is not iding if it is subject to contingencies within Lessee's control. The ordering and acceptance of the items of Equipment will proceed th due diligence to the date of final acceptance of the Equipment. :. An amount equal to at least eighty-five percent (85%) of the Principal Amount will be expended to pay the cost of the Equipment the end of the three-year period commencing on the date of this Certificate. No portion of the Principal Amount will be used to quire investments that do not carry out the governmental purpose of the Financing Documents and that have a substantially aranteed yield of four (4) years or more. ~. (a) Lessee reasonably expects to cause the Equipment to be acquired by (date). ~ Lessee will provide evidence to Lessor that the rebate amount has been calculated and paid to the Internal Revenue Service in ~ordance with Section 148(f) of the Code >>n-P~S (i) the entire Principal Amount is expended on the Equipment by the date that is the -month anniversary of the Financing Documents or (ii) the Principal Amount is expended on the Equipment in accordance with the lowing schedule: At least fifteen percent (15%) of the Principal Amount and interest earnings thereon will be applied to the cost of ;Equipment within six months from the date of issuance of the Financing Documents; at least sixty percent (60%) of the Principal noun d interest earnings thereon will be applied to the cost of the Equipment within 12 months from the date of issuance of the ~and~oeuments; and one hundred percent (100%) of the Principal Amount and interest earnings thereon will be applied to the st of quipment prior to eighteen (18) months from the date of issuance of the Financing Documents. Lessee hereby covenants that (i) Lessee is a governmental unit with general tax powers; (ii) the Lease is not a "private activity bond" der Section 141 of the Code; (iii) at least ninety-five percent (95%) of the Principal Amount is used for the governmental activities of ssee; and (iv) the aggregate principal amount of all tax-exempt obligations (including the Lease) issued by Lessee and its subordinate Cities, if any, during the current calendar year is not reasonably expected to exceed $5,000,000. Accordingly, the rebate requirements Section 148(f) of the Code are treated as being met, in lieu of the spending exceptions set forth in paragraph (b) above. inn 5 F.ccrnw Ac o int. ie Financing Documents provide that the monies deposited in escrow shall be invested until payments to the vendor(s) or mufacturer(s) of the Equipment are due. Lessee will ensure that such investment will not result in Lessee's obligations under the Zancing Documents being treated as an "arbitrage bond" within the meaning of Section 148(a) of the Internal Revenue Code of 1986, amended (the "Code"), respectively. Any monies which are earned from the investment of these funds shall be labeled as interest , :~~~_; -~: ;.e:.r„~ reed. All such monies will be disbursed on or promptly after the date that Lessee accepts the Equipment. ~~'~ ~~'/ c inn 6 Nn~rivatr Tice Nn C'nnsLmer T.nan. I . Lessee will not exceed the private use restrictions set forth in Section 141 of the Code. Specifically, Lessee will not permit more in 10% of the Principal Amount to be used for a Private Business Use (as defined herein) if, in addition, the payment of more than ten rcent (10%) of the Principal Amount plus interest earned thereon is, directly or indirectly, secured by (i) any interest in property used to be used for a Private Business Use or (ii) any interest in payments in respect of such property or derived from any payment in spect of property or borrowed money used or to be used for a Private Business Use. In addition, if both (A) more than five percent (5%) of the Principal Amount is used as described above with respect to Private isiness Use and (B) more than five percent (5%) of the Principal Amount plus interest earned thereon is secured by Private Business ~e property or payments as described above, then the excess over such five percent (5%) (the "Excess Private Use Portion") will be ed for a Private Business Use related to the governmental use of the Equipment. Any such Excess Private -Use Portion of the incipa Amount will not exceed the portion of the Principal Amount used for the governmental use of the particular project to which ch 'Private Use Portion is related. For purposes of this paragraph 6.1, "Private Business Use" means use of bond proceeds or and ed-property directly or indirectly in a trade or business carried on by a natural person or in any activity carried on by a rson other than a natural person, excluding, however, use by a state or local governmental unit and excluding use as a member of the neral public. 6.2. No part of the Principal Amount or interest earned thereon will be used, directly or indirectly, to make or fmance any loans to non- governmental entities or to any governmental agencies other than Lessee. Section 7. Nn Federal rnaranteg. Payment of the principal or interest due under the Financing Documents is not directly or indirectly guaranteed, in whole or in part, the United States or an agency or instrumentality thereof. 7.2. No portion of the Principal Amount or interest earned thereon shall be (i) used in making loans the payment of principal or interest of which are to be guaranteed, in whole or in part, by the United States or any agency or instrumentality thereof, or (ii) invested, directly or indirectly, in federally insured deposits or accounts if such investment would cause the fmancing under the Financing Documents to be "federally guaranteed" within the meaning of Section 149(b) of the Code. Section R. Miscellaneous. 8.1. Lessee shall keep a complete and accurate record of all owners or assignees of the Financing Documents in form and substance satisfactory to comply with the registration requirements of Section 149(a) of the Code unless Lessor or its assignee agrees to act as Lessee's agent for such purpose. 8.2. Lessee shall maintain complete and accurate records establishing the expenditure of the Principal Amount for a period of five (5) years after payment in full under the Financing Documents. 8.3. To the best of the undersigned's knowledge, information and belief, the above expectations are reasonable and there are no other facts, estimates or circumstances that would materially change the expectations expressed herein. IN WITNESS WHEREOF, this Tax Agreement and Arbitrage Certificate has been executed on behalf of Lessee as of February 13, 2003. VILLAGE OF TEQUESTA, FLORIDA Lessee • By _ ~,-~ Z~ ~~\ Name: Michael R. Couzzo, Jr. Title: Villa e M~na e Date• ~/' ~~~~3 ~ Form 8038_G Information Return for Tax-Exempt Governmental Obligations (Rev - Under Internal Revenue Code section 1491e) November 2000) OMB No. 1545-0720 . - See separate Instructions. Department of the Treasury ernal Revenue Service Caution: if the issue price is under S 100,000, use Form 8038-GC. Reporting Authority If Amended Return, check here - ^ 1 Issuer's name 2 Issuer's,employer ident~cafan number Villa>;e of Tequesta, Florida 59 ; 6044081 3 Number and street for P.O. box if mail is not delivered to street address) Room/suite 4 Report number 250 Tequesta Drive, Suite 300 3 - O1 5 City, town or post office, state, and ZIP code 6 Date of issue Tequesta, FL 33469-0273 February 13, 2003 7 Name of issue 8 CUSIP number Master Lease As?reement 9 Name and title of officer or legal representative whom the IRS may call for more information 10 Telephone number of officer or I~al reprt;~taLive 1 1 Type of Issue (check applicable box(es) and enter the issue Write) See instructions and attach schedule 11 ^ Education 11 12 ^ Health and hospital . 12 13 ^ Transportation. 13 14 D Public safety 14 $397,922.01 15 ^ Environment )including sewage bonds) 15 16 ^ Housing 16 17 ^ Utilities 17 18 ^ Other. Describe - 18 19 If obligations are TANs or RANs, check box - ^ If obligations are BANs, check box - ^ ii j j~//i/~j~ j 20 If obligations are are in the form of a lease or installment sale. rherk hpx,. . - ~ ~ i ./,.~a~a~aii%iii i~/ /// ~ Description of Obligations. Complete for the entire issue for which this form is being filed . la) Final maturity date Ib- Issue price Ic1 Stated redemption Idl Weighted le- Yield nrir•a ar mph viiv avora marl viiv I 4/15/2012 5 397,922.01 S n/a ten (101 vears 3.610 Uses of Proceeds of Bond Issue )including underwriters' discount) 22 Proceeds used for accrued interest . ~~ 23 Issue price of entire issue (enter amount from line 21, column (b1-. 23 $397.922.01 24 Proceeds used for bond issuance costs (including underwriters' discount) . 124 ~_ j 25 Proceeds used for credit enhancement . 125 26 Proceeds allocated to reasonably required reserve or replacement fund . 126 l 27 Proceeds used to currently refund prior issues . ~ 27 =:s 28 Proceeds used to advance refund prior issues ~ 28 %'s% 29 Total )add lines 24 through 281 ~ 30 Nonrefundinq proceeds of the issue (subtract line 29 from line 23 and enter amount here). 30 $397,922.01 Description of Refunded Bonds (Complete this Hart only for refundina_ bonds.) 31 Enter the remaining weighted average maturity of the bonds to be currently refunded . - vears 32 Enter the remaining weighted average maturity of the bonds to be advance refunded - vears 33 Enter the last date on which the refunded bonds will be called. - 34 Enter the datelsl the ref)mrferi hn_ nrl~ wPrP_ issued - Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b115) . ~ 35 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions) ~ ~ ~~ b Enter the final maturity date of the guaranteed investment contract - ~ %// 37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a b If this issue is a loan made from the proceeds of another tax-exempt issue, check box - ^ and enter the name of the issuer - and the date of the issue - 38 If the issuer has designated the issue under section 2651b1(31(B-(i-(III) (small issuer exception), check box . - 0 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box - ^ If the issuer has idPntifiPd_ a hedge. check box - ^ Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and [o the best of my knowledge and belief, they are true, correct and complete. Sign ~/ ~ ~ ~ ' I=>t-. . Michael R. Couzzo. Jr.. Villaee l Y// ~ s~ Here ' J~~ ~ ~ , ' ~ Type or prin Signature of s au~i r ~r D te suer ~e-.~ t name and title For Paperwork Reduction Act Notice, see page 2 of the InsIPIICtIOr1S. Cat. No. 63773S Form 8038-G )Rev. ' ~-z:;~.•ol ~ K r< l ~ ` ` ~--" L -~ ~ ~ - { ~ ~ ' ~ n, ~ -; m -i~ ~~~~~m q ~ _ry ~ n ti =-nm RI ~ \, C7 a ` y ~° '~ ~~= ~ T ~ r ~J ~`~ ' ~ ~- ~ ~~ - 4sl n~ r• ~;> -:, ~ ~ ' ~ _ a ~ ,; _. RESOLUTION NO. r,2G - ~L/O j A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE AND RELATED INSTRUMENTS, AND DETERMINING OTHER MA i i t;RS IN CONNECTION THEREWITH, TO ALLOW THE VILLAGE OF TEQUESTA TO PURCHASE A SUTPHEN CUSTOM RESCUE PUMPER MONARCH SERIES AND RELATED LOOSE EQUIPMENT IN THE AMOUNT OF $397,922.02, HAVING APPROPRIATED AND BUDGETED FUNDS TO PAY INTEREST AND PRINCIPAL IN FISCAL YEAR 9/30/03, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE DOCUMENTS ON BEHALF OF THE VILLAGE. =' NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE ,~ ~ VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: ~~ Section 1. Whereas, the governing body of the Village of Teauesta_ ("Lessee") desires to obtain certain equipment (the "Equipment") described in Equipment Schedule "A" to the • Master Lease Agreement (collectively, the "Lease") with Leasing 2, Inc., the form of which has been available for review by the governing body of Lessee prior to this meeting; and Section 2. Whereas, the Equipment is essential for the Lessee to perform its governmental functions; and Section 3. Whereas, the funds made available under the Lease will be deposited into an Escrow Account pursuant to the Lease and will be applied to the acquisition of the Equipment in accordance with the Lease; and Section 4. Whereas, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and Section 5. Lessee proposes to enter into the Lease with Leasing 2, Inc., substantially in the form presented to this meeting. Section 6. It is hereby found and determined that the terms of the Lease and related instruments (collectively, the "Financing Documents") in the forms presented to this meeting and incorporated in this Resolution are in the best interests of Lessee for the acquisition of the Equipment. Section 7. The Financing Documents and the acquisition and financing of the Equipment under the terms and conditions as described in the Financing Documents are hereby approved. The Village Manager of Lessee and any other officer of Lessee who shall have • n n c~ -- -TtrCx ~'rn~m ~~~~~x~ ~~m~ ~~N~~ m ~., :\~ o ° ca c`• TTro7D ~ - D < ~ C ,J -' [n r r1 -ti' f'ri f - ;~ 1. f- 47 c ; 7-, '`- S c~ _ c~ ~~ ~~ '~ ~-°'= ~„ ~, _; ,? `~ is C1~ ;_ .7 k. '~70'.. (It _\~ (` _ .. ~ - . ; _, ~~ power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the Financing Documents with any changes, insertions and omissions there in as may be approved by the officers who execute the Financing Documents, such approval to be conclusively evidenced by such execution and delivery of the Financing Documents. The of the Lessee and any other officer of Lessee who shall have power to do so be, and each of them hereby is, authorized to affix the official seal of Lessee to the Financing Documents and attest the same. Section 8. The proper officers of Lessee be, and each of them hereby is authorized and directed to executed and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Financing Documents. Section 9. Pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended (the "Code"}, Lessee hereby specifically designates the Lease as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code. THE FOREGOING RESOLUTION WAS Orrt:RED BY Councilmember ~~~-- , who moved its adoption. The motion was seconded by Councilmember S !'1~ (` ,and upon being put to vote, the vote was as follows: FOR ADOPTION ~~~ ~l~+l ~, ~ ~ ~~~ ~~~~ AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this L 3 day of ~,~ , 2003 . 1 ATTEST i Ma -files Village Clerk MAYOR OF TEQUESTA Ir.~ ~~:. ~ Geraldine A. Genco '°~ EXHIBIT D r1 ~J Lease No.: Equipment Schedule: O1 TNC'TTMRF.NCY C'FRTTFT('~ I do hereby certify that I am the duly elected or appointed and acting of Village of Tequesta, Florida, a political subdivision duly organized and existing under the laws of the State of Florida, that I have custody of the records of such entity, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of such entity holding the offices set forth opposite their respective names. I further certify that (i) the signatures set opposite their respective names and titles are their true and authentic signatures and (ii) such officers have the authority on behalf of such entity to enter into that certain Master Lease Agreement dated as of February 13, 2003 between such entity and Leasing 2, Inc.. NAME TTTT .F CT(;N ATi iRF. Michael R C n~_Tr Vilagg ManaaPr ~ ~ r~ ~. ,' • IN WITNESS WHEREOF, I have duly executed this certificate as of this ~} t day of ~.P " n By: Board`rMemf b r or otnher authorized officer's signature Title: Y 1~ 6 Q ~ l_~ Name:_ ' r ~ ~"'~ (Printed or t sped) Gxni,~~r c John C. Randolph, Esquire Direct Dial: 561-650-0458 Direct Fax: 561-650-0465 E-Mail: jandolph@jones-foster.com February 13, 2003 LEASING 2, INC. 1304 Desoto Avenue, Suite 304 Tampa, Florida 33606-3138 ~`c~t ~aizrl ~3eac11, ~Ic~r~Pla 33=1U; ~elephc}rle (561 ! ~~~~-~(.)(}i) 33c~;;r t)~(#ice ~(7~ »?5 ~~~v'e.sP f'altn [each. ~',c,,nd~R ~~ X402-3475 Re: Master Lease Agreement dated as of February 13, 2003 (the "Agreement") by and between Leasing 2, Inc. ("Lessor") and Village of Tequesta, Florida ("Lessee") Ladies and Gentlemen: We have acted as counsel to Lessee with respect to the Agreement described above • and various related matters, and in this capacity have reviewed a duplicate original or certified copy thereof and Equipment Schedule No. 01 executed pursuant thereto (together with the Agreement, the "Lease"). The terms capitalized in this opinion but not defined herein shall have the meanings assigned to them in the Lease. Based upon the examination of these and such other documents as we have deemed relevant, it is our opinion that: I. Lessee is a political subdivision of the State of Florida (the "State") within the meaning of Section 103(c) of the Internal Revenue Code of 1986, as amended, and is duly organized, existing and operating under the Constitution and laws of the State. 2. Lessee is authorized and has the power under applicable law to enter into the Lease, and to carry out its obligations thereunder and the transactions contemplated thereby. 3. The Lease has been duly authorized, executed and delivered by and on behalf of Lessee, and is a legal, valid and binding obligation of Lessee enforceable in accordance with its terms, except as enforcement thereof may be limited by bankruptcy, insolvency and other similar laws affecting the enforcement of creditors' rights generally and by general equitable principles. 4. The authorization and execution of the Lease and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in • accordance with all applicable open meeting, public records, public bidding and all other laws, rules and regulations of the State. ~L'~C'2:1~. J1J7~[e:'S-~'t~kIi'1~.C'i?37I EXHIBIT G-l • DATE TO: Insurance Agent Name & Address Phone Number and Fax Number Gentlemen: Lease No.: Equipment Schedule: O1 VILLAGE OF TEQUESTA, FLORIDA has entered into a Master Lease Agreement dated as of February 13, 2003 with LEASING 2, INC.. In accordance with the Agreement, Lessee certifies that it has instructed the insurance agent named above to issue: a. All Risk Physical Damage Insurance on the leased Equipment evidenced by a Certificate of Insurance and Long Form Loss Payable Clause naming Leasing 2, Inc. and/or its assigns as Loss Payee. The Coverage Required is $397,922.01. b. Public Liability Insurance evidenced by a Certificate of Insurance naming Leasing 2, Inc. and/or its assigns as Additional • Insured. The following minimum coverage is required: Liability: $ 500,000.00 per person Liability -Bodily Injury: $1,000,000.00 aggregate Liability -Property Damage: $1,000,000.00 property damage liability PROPERTY: One (1) new Sutphen Custom Rescue Pumper Mode12001, VIN: Plus additional equipment as noted on Schedule A to Financing Statement LOCATION: 357 Tequesta Drive, Tequesta, FL 33469 Upon issuance of the coverage outlined above, please mail a certificate of insurance to Leasing 2, Inc. and/or its Assigns 1304 Desoto Avenue, Suite 304 Tampa, FL 33606-3138. Your courtesy in issuing and forwarding the requested certificate at your earliest convenience will be appreciated. Very truly yours, VILLAGE OF TEQUESTA, FLORIDA /~ Name: Michael R. Couzzo, Jr. •e: Village Manager DatP• ~~i~/~3 . ~ .c EXHIBIT G-2 Lease No.: • Equipment Schedule: O1 (If Lessee uses a commercial carrier for Property and Liability Insurance, disregard this questionnaire.) QUESTIONNAIRE FOR SELF-INSURANCE TO MASTER LEASE AGREEMENT In connection with the Master Lease Agreement (the "Agreement"), dated as of February 13, 2003, made and entered into by and between Leasing 2, Inc., as Lessor (the "Lessor"), and the lessee identified below, as Lessee (the "Lessee"), Lessee warrants and represents to Lessor the following information. The terms capitalized herein but not defined herein shall have the meanings assigned to them in the Agreement. a. Lessee is self-insured for damage or destruction to the Equipment. YES NO (circle one--if "NO" skip to ~- Liahilih~ Ins~~rancv) If yes, the dollar amount limit for property damage to the Equipment under the Lessee's self-insurance program is $ b. The Lessee maintains an umbrella insurance policy for claims in excess of Lessee's self-insurance limits for property damage to the Equipment as indicated above. YES NO (circle one) If yes, the umbrella policy provides coverage for all risk property damage. YES NO (circle one) If yes, the dollar limit for property damage to the Equipment under such umbrella policy is $ a. Lessee is self-insured for liability for injury or death of any person or damage or loss of property arising out of or relating to the condition or operation of the Equipment. YES NO (circle one-if "NO" skip balance of questionnaire) If yes, the dollar limit for such liability claims under the Lessee's self-insurance program is $ b. The Lessee maintains an umbrella insurance policy for claims in excess of Lessee's self-insurance limits for liability including injury or death of persons or damage to property as indicated above. YES NO (circle one) If yes, the umbrella policy provides coverage for liabilities for injury and death to persons as well as damage or loss of property arising out of or relating to the condition or operation of the Equipment. YES NO (circle one) If yes, the dollar amount of the umbrella policy's limits for such liability coverage is $ a. Lessee maintains aself-insurance fund. YES NO (circle one) If yes, please complete the following: Monies in the self-insurance fund are subject to annual appropriation. YES NO (circle one) The total amount maintained in the self-insurance fund to cover Lessee's self-insurance liabilities is $ b. Amounts paid from the Lessee's self-insurance fund are subject to limitations for each claim. • YES NO (circle one) If yes, the dollar amount of limit per claim is $ • a. If Lessee does not maintain aself-insurance fund, please complete the following: Lessee obtains funds to pay claims for which it has self-insured from the following sources: b. The limitations on the amounts payable for claims from the above sources are as follows: a. The following entity or officer has authority to authorize payment for claim: b. In the event the entity or officer named in the prior response denies payment of a claim, does the claimant have recourse to another administrative officer, agency or the courts? YES NO (circle one) If yes, to whom does the claimant have recourse? Attached hereto are copies of certificates of insurance with respect to policies maintained by Lessee. ~ITPTESS WHEREOF, Lessee has caused this Questionnaire to be executed as a supplement to the representations of Lessee in the Agreement by its duly authorized officer. VILLAGE OF TEQUESTA, FLORIDA Lessee Name: Michael K. Couzzo~Jr., Title: Village Manager Date• 7~/ f 7r /Yo°3 - i • Telephone: 561-575-6200 Facsimile: 561-575-6203 Attachment LEASING 2, INC. • ADDENDUM TO EQUIPMENT SCHEDULE NO.Ol TO MASTER LEASE AGREEMENT (LEASE NO. RELATING TO SELF-INSURANCE (If Lessee uses a commercial carrier for Property and Liabifiry Insurance, disregard this Addendum.) THIS ADDENDUM is made as of February 13, 2003, between LEASING 2, INC. (the "Lessor") and VILLAGE OF TEQUESTA, FLORIDA (the "Lessee"). Recitals A. Lessor and Lessee have entered into a Master Lease Agreement dated as of February 13, 2003 (the "Agreement"). B. Lessee desires to lease equipment described in Equipment Schedule No. O1 to the Agreement (the "Equipment") and Lessee has requested that Lessor lease such Equipment to Lessee. C. With respect to Equipment Schedule No. O1, Lessee has requested that Lessor permit it to provide self-insurance for liability claims and property damage. D. Lessor is willing to grant Lessee's request subject to the following terms and conditions. NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements contained herein and in the Agreement, it is hereby agreed as follows: 1. The terms capitalized in this Addendum but not defined herein shall have the meanings assigned to them in the Agreement. 2. Lessee hereby represents and warrants that all representations and warranties contained in the Agreement are true and correct f the date hereof and that neither aNon-Appropriation nor any Event of Default or event which, with the passage of time or giving of ce or both, would constitute an Event of Default has occurred under the Agreement. 3. All other terms and conditions of the Agreement not specifically amended by this Addendum shall remain in full force and affect and are hereby ratified and confirmed by Lessee. 4. Lessee represents and warrants that all representations and warranties contained in the Questionnaire for Self- Insurance to Master Lease Agreement (the "Questionnaire") are true and correct as of the date hereof. 5. Lessor acknowledges receipt of the Questionnaire and, in reliance upon the information provided therein, agrees that Lessee may satisfy the requirements of Sections 7.1 through 7.3 of the Agreement with respect to Equipment Schedule No. 01 through self- insurance. 6. By written notice to Lessee, Lessor may revoke its agreement relative to Equipment Schedule No. O1 to accept self-insurance in lieu of the insurance required by Section 7.1 through 7.3 of the Agreement at any time during the related Lease Term when Lessor deems itself insecure with respect to such self-insurance. Within thirty (30) days of receipt of notice from Lessor, Lessee agrees to obtain insurance in compliance with Section 7.1, 7.2 and 7.3 of the Agreement and provide evidence thereof to Lessor. IN WITNESS WHEREOF, the parties by their duly authorized officers have executed this Addendum as of the date and year first above written. VILLAGE OF TEQUESTA, FLORIDA LEASING 2, INC. Lessee Lessor By: _ ~r /~~ ~ ~ ~ ~~ By Name: Michael R. Couzzo, Jr. Name: Brad Meyers ~e: Village Manage/r Date: ~--/ ~/~~ Title: President Date' • SCHEDULE A TO FINANCING STATEMENT OF VILLAGE OF TEQUESTA, FLORIDA, AS DEBTOR, AND LEASING 2, INC., AS SECURED PARTY The financing statement to which this Schedule A is attached covers the types of properly described on the face of such financing statement and all of the Debtor's right, title and interest in and to (collectively, the "Collateral"): One (1) new Sutphen Custom Rescue Pumper Model 2001, VIN: Plus additional equipment as follows: • (a) the equipment described in Equipment Schedule No. O1 dated as of February 13, 2003 (the "Equipment Schedule") to the Master Lease Agreement dated as of February 13, 2003 (the "Agreement," and together with the Equipment Schedule, the "Lease") between Debtor, as lessee, and Secured Party, as lessor, as such Lease may be amended, modified or supplemented from time to time together with all of Debtor's right, title and interest in and to the Escrow Account established pursuant to the Lease ; (b) to the extent not included in the foregoing, all books, ledgers and records and all computer programs, tapes, discs, punch cards, data processing software, transaction files, master files and related property and rights (including computer and peripheral equipment) necessary or helpful in enforcing, identifying or establishing any item of Collateral; and (c) to the extent not included in the foregoing, all repairs, replacements, substitutions and modifications and all proceeds and products of any or all of the foregoing, whether existing on the date hereof or arising hereafter. ~: • NOTICE AND ACKNOWLEDGMENT OF ASSIGNMENT Dated: February 13, 2003 Lease No.: Equipment Schedule: O1 LEASING 2, INC. ("Assignor") hereby gives notice that it has assigned and sold to SunTrust Leasing Corporation ("Assignee") all of Assignor's right, title and interest in and to the rental payments and other amounts due under the Master Lease Agreement (the "Lease") by and between Assignor and VILLAGE OF TEQUESTA, FLORIDA ("Lessee"). All rental payments and other amounts coming due pursuant to the Lease on and after the date hereof are payable to and should be remitted to Assignee at the following address: SunTrust Leasing Corporation P.O. Box 79194 Baltimore, MD 21279-0194 Lessee hereby acknowledges the effect of the assignment and absolutely and unconditionally agrees to deliver all rental payments and other amounts coming due under the Lease in accordance with the terms thereof on or after the date of this Notice and Acknowledgment of Assignment. Lessee agrees that (i) Assignee shall have all the rights of lessor under the Lease and all related documents, including, but not limited to, the right to issue or receive all notices and reports, to give all consents, to receive title to the equipment, to declare a default and to exercise all remedies thereunder, and (ii) Lessee shall pay Assignee all installment payments and other amounts due under the Lease as and when due, without deduction or offset, notwithstanding any claim Lessee may have against the original lessor, Assignor, Assignee or relative to the equipment, or any other claim of Lessee arising prior to the assignment and sale of the Lease to Assignee, and (iii) Lessee has an unconditional obligation to make payments to Assignee and its assigns under the Lease and the Lease may be terminated (in whole hnt not in parr) by Lessee prior to all payments having been made only pursuant to nonappropriation. ~gnor and Lessee agree and acknowledge that this Notice and Acknowledgment of Assignment is made for and inures to the benefit ssignee and its assigns. The Lease remains in full force and effect, has not been amended and no nonappropriation or event of default (or event which with the passage of time or the giving of notice or both would constitute a default) has occurred thereunder. Any inquiries of Lessee related to the Lease and any requests for escrow disbursements, if applicable, should be directed as follows: SunTrust Leasing Corporation 29 West Susquehanna Avenue, Suite 400 CMD2424 Towson, MD 21204 VILLAGE OF TEQUESTA, FLORIDA Lessee ~ ~ p U~ ~~ Name: Michael R. Couzzo, Jr. Title: Village M nage Date: ~/ / Y /Y°~ LEASING 2, INC. Assignor By: Name: Brad Meyers Title: President Date: • BILLING INFORMATION • Please indicate below how you would like us to bill you for the lease payments due under this Agreement, including a contact name, if applicable: Contact Name: Company Street Address or Box #• City, State, Zip: Telephone: Fax• ~ • • [Escrow] • At a duly called mf meeting laws, on the RESOLUTION A~ SCHEDULE NO. THERE WITH. ~~ 1 ~ , r f:(1VF.RNiNC: BODY EXHIBIT C-1 Lease No.: Equipment Schedule: Ol etin of the governing body of Lessee held in accordance with all applicable legal requirements, including open day of ~.Al~ 1 ,the following resolution was introduced and adopted: THOR ING THE EXECUTI~N AND DELIVERY OF A MASTER LEASE AGREEMENT, EQUIPMENT Ol, AN RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION WHEREAS, the governing body f Village of Tequesta, Florida ("Lessee") desires to obtain certain equipment (the "Equipment") described in Equipment Schedule o. O1 to the Master Lease Agreement (collectively, the "Lease") with Leasing 2, Inc., the form of which has been available for review b the governing body of Lessee prior to this meeting; and WHEREAS, the Equipment is essential ~qr the Lessee to perform its governmental functions; and WHEREAS, the funds made available unc'i~r the Lease will be deposited into an Escrow Account pursuant to the Lease and will be applied to the acquisition of the Equipment ' accordance with the Lease; and WHEREAS, Lessee has taken the necessary ste s, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and WHEREAS, Lessee proposes to enter into the Lease ith Leasing 2, Inc. substantially in the form presented to this meeting. NOW, THEREFORE, BE IT RESOLVED BY THE'GOVERNING BODY OF LESSEE AS FOLLOWS: Sectinn l . It is hereby found and determined that the terms~pf the Lease and related instruments (collectively, the "Financing Documents") in the forms presented to this meeting and incorporated in this resolution are in the best interests of Lessee for the acquisition of the ipment. . The Financing Documents and the acquisition and ancing of the Equipment under the terms and conditions as described in t e Financing Documents are hereby approved. The Village Ma ger of Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee be, and each of them here is, authorized to execute, acknowledge and deliver the Financing Documents with any changes, insertions and omissions therein as ma a approved by the officers who execute the Financing Documents, such approval to be conclusively evidenced by such execution and del ery of the Financing Documents. The Village Manager of the Lessee and any other officer of Lessee who shall have power to do so be, d each of them hereby is, authorized to affix the official seal of Lessee to the Financing Documents and attest the same. ~r;nn 3. The proper officers of Lessee be, and each of them hereby is, auth ized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or use to be done any and all other acts and things necessary or proper for carrying out this resolution and the Financing Documents. Section 4. Pursuant to Section 265(b) of the Internal Revenue Code of 1986, s amended (the "Code"), Lessee hereby specifically designates the Lease as a "qualified tax-exempt obligation" for purposes of Section 2 5(b)(3) of the Code. The undersigned further certifies that the above resolution has not been repea d or amended and remains in full force and effect and further certifies that the Lease executed on behalf of Lessee is the same as presente at such meeting of the governing body of Lessee, excepting onl/y such changes, insertions and omissions as shall have been approved by the fficers who executed the same. Date: y/_y y[?0,3 ~ VILLAGE OFT QUESTA, FLORIDA --"~~~T"` Lessee By• yam. _ ~ (~i.~~ Name: Michael R. ou o`7r" Title: Village M a er Attested By: _ (Signature of one addi 1 Board Member or • authorized officer who can fitness the passage of th' Resoluti°~n~,~/,~ ~~y IlCl~t ``~ Name: i ~°~~~~;~ . _ Title:- lJl'.~11r"~- EXHIBIT E • [LE 111~,RHEAD OF LESSEE'S COUNSEL] February 13, 2003 LEASING 2, INC. 1304 Desoto Avenue, Suite 304 Tampa, FL 33606-3138 Re: Master Lease Agreement dated as of February 13, 2003 (the "Agreement") by and between Leasing 2, Inc. ("Lessor") and VILLAGE OF TEQUESTA, FLORIDA ("Lessee") Ladies and Gentlemen: We have acted as counsel to Lessee with respect to the Agreement described above and various related matters, and in this capacity have reviewed a duplicate original or certified copy thereof and Equipment Schedule No. O1 executed pursuant thereto (together with the Agreement, the "Lease"). The terms capitalized in this opinion but not defined herein shall have the meanings assigned to them in the Lease. Based upon the examination of these and such other documents as we have deemed relevant, it is our opinion that: 1. Lessee is a political subdivision of the State of Florida (the "State") within the meaning of Section 103(c) of the Internal Revenue Code of 1986, as amended, and is duly organized, existing and operating under the Constitution and laws of the State. 2. Lessee is authorized and has the power under applicable law to enter into the Lease, and to carry out its obligations thereunder and the transactions contemplated thereby. 3. The Lease has been duly authorized, executed and delivered by and on behalf of Lessee, and is a legal, valid and binding ~gation of Lessee enforceable in accordance with its terms, except as enforcement thereof may be limited by bankruptcy, insolvency and r similar laws affecting the enforcement of creditors' rights generally and by general equitable principles. 4. The authorization and execution of the Lease and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all applicable open meeting, public records, public bidding and all other laws, rules and regulations of the State. 5. The execution of the Lease and the appropriation of moneys to pay the Rental Payments coming due thereunder do not and will not result in the violation of any constitutional, statutory or other limitation relating to the manner, form or amount of indebtedness which may be incurred by Lessee. 6. There is no litigation, action, suit or proceeding pending or before any court, administrative agency, arbitrator or governmental body that challenges the organization or existence of Lessee, the authority of Lessee or its officers or its employees to enter into the Lease, the proper authorization and/or execution of the Lease or the documents contemplated thereby, the appropriation of moneys to make Rental Payments under the Lease for the current Fiscal Year of Lessee, or the ability of Lessee otherwise to perform its obligations under the Lease and the transactions contemplated thereby. To the best of our knowledge, no such litigation, action, suit or proceeding is threatened. The Equipment is personal property, and when used by Lessee will not be or become fixtures under the laws of the State. 8. Resolution No. of the governing body of Lessee was duly and validly adopted by such governing body on ,and such resolution has not been amended, modified, supplemented or repealed and remains in full force and effect. This opinion may be relied upon by the addressee hereof and its successors and assignees of interests in the Lease, but only with regard to matters specifically set forth herein. • Very truly yours, (type name and title under signature) VILLAGE OF ~1~~QUESTA MASTER LEASE AGREEMENT WITH LEASING 2, INCORPORATED For Rescue Pumper and Related Equipment n u EQL~ 1.1~N1~1~! ~ 1 ~ S C~-1~DULE "A" • Sutphen Custom Rescue Pumper Monarch Series • Detail of Changes to the Rescue Pumper • Related Equipment Schedule n u VILLAGE OF TEQUESTA Purchase Requisition (not a purchase order) Department: Fire Rescue Quotes Received: 2 Vendor: 1. Pierce Manufacturing. 2. Sutphen Corp. 3. Requester: James Weinand See Attached Price $293,484.00 $305, 860.20 Date: 03/15/02 Req. # l ~-M. ~J ^ Contract: Project #: ^ Outside Vendor Requisition X Order Confirmation Only Chosen Vendor. Vendor #: Sutphen Corporation ~~ Address 7000 Columbus-Marysville Road Amlin, Oh. 43002 Telephone 1-800-848-5860 Contact Richard Hartwell Deliver TQ~'equesta Fire escue rTerms: ~ Invoice Date Required: ~ Other ~~'"_. , ~`Z'/~f~~ • A.S.A.P. ~~~ ~ ~ ~ De~'artmen~Head Signat re Freight/Delivery: $_Inc_ COMMENTS: Purchase approved by Village Council on 03/14/2002, Resolution # 33-01/02 Item Description Manufacturer Quan- Unit Price Total Cost Charge to Available 13a. Part # tity Acct. No. (Financ Qnl ~° F `::_~ ~l ~~ , ~~ Custom Rescue Pumper Monarch 1 $305,860.20 $305,860.20 Per Jody Forsyth ~~ ~ ~ ~r ~` ; ~ ~ =f ~, , t~~ ~ r,s :, _ .__.._. TOTAL $305,860.20 ~ i~~:,` , _~ Er " - . ~ ~ ~ R ". ~, F NCEfADMINISTRATNE USE ONLY: Finance Director Approval: ~ ~~"e ;~<a ~ _ ~f -- ~ , , , f"h" ~ , Village Manager Approval: ~ ., ~ ~^'- ~- .. ~ ~.~• ~P.O. # ~ ~'~ Processed B ~~,, ,i, l~~( i v"'~~''~ ~-` y: ;' Date: `~;l,~r,J ~:~ ~ I ~ Date: ~ -az -~ ~ ~ Date: ~~~~ a I • RESOLUTION NO. 33 - 01/02 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE PURCHASE OF ONE (1) SUTPHEN CUSTOM RESCUE PUMPER, IN THE AMOUNT OF $305,860.20, FROM SUTPHEN CORPORATION, OF AMLIN, OHIO, AND THE PURCHASE OF EQUIPMENT NECESSARY TO PLACE THE PUMPER IN SERVICE AT A COST OF $93,000.00. THE PUMPER WILL BE FINANCED WITH A TEN (10) YEAR LEASE, WITH THE FIRST YEARS PAYMENT BEING MADE IN THE FY 02/03 BUDGET YEAR, UPON RECOMMENDATION OF THE FINANCE DEPARTMENT AFTER APPROVAL BY THE VILLAGE COUNCIL, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACTS ON BEHALF OF THE VILLAGE. • NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The purchase of one (1), custom Monarch series rescue pumper, awarded to Sutphen Corporation, of Amlin, Ohia, in the amount of $305,860.20, under the terms and conditions associated with the Sutphen Fire Apparatus Purchase Agreement and specification, attached hereto as Exhibit "A" and incorporated by reference as part of this Resolution is hereby approved and the Village Manager is aLithorized to execute the applicable Contract on behalf of the Village. Section 2. The authorization to enter into a ten (10) year lease agreement, for the purchase of one (1) custom Monarch series rescue pLlmper, awarded to Sutphen Corporation, of Amlin, Ohio, in the amount of $305,860.20. THE FOREGOING RESOLUTION WAS OFFERED BY Councilmember ~,.n~,ctya who moved its adopticn. The motion was' seconded by Councilm~nber Resnik and upon being ~'Llt to v~~~~te, the vote was as follows: • • • FOR Geraldine A. Genco Joseph N. Capretta Basil E. Dalack Edward D. Resnik Russell J. von Frank AGAINST The Mayor thereupon declared the Resolution duly passed and adopted this 11 day of April, A.D., 2002. ,., .~ ~ s ~~~ °. x = Mayor Geraldine A Genco i ii ATTEST: < ;: Village Clerk NIr Wolcott • ~,. ~ ?Yov 21 D2 (16:U9p David Stonitsch 239-SgU-9246 p-t 9 j npkreer _ - Approved By ~ ~ i ~ „ Customer SipnaGtre Sutphen Corporation Change ~# e~thoritateon Form Customer 'Tequesta Fira Dept H$ ~ 3709 Salesptraw*r David Stonitsch p,~>~ By Pre-aonstrlJCtion Dstt ~ 14 (2112002 E Jason Haub'nan C es ' ~ (D - Galata) (C -Change) (AC -Add Cerrmers:; Price Gc ~ C -Charge Customers (CS -Charge Salesman) (NC - Nn t:herge) lCRS -Credit Salesrtter~) (CRC -Credit Customer) ~~ L-J CObE j LINE # ~ tTEM # A 20Qr10020 ' O C C C A C A a C A D A A A A DE$GRIPTIQAI t8' ~CTENDED BUMPER WITH 4" DEEP rtOSE TROUGH ,41R HORN FOOT S1f1~RCH AUTO EJECT TO BE ZO AbIP !N PLACE OF 30 AMP BEACONS TO 9E CODE 3 LPBf 05 MINI BARS TAIL LIGHTS TO BE WHELEhi LED'S (1) t20 VOLT OUTLET IN CdMPARTIIIENT MOVE RT REAR DISCHARGE TO RT PUMP PAI+IEi. Rt7Ll: UPSIDE COIIAPT DG~pRS TO BE PAfNTED 1NIRING FOR FUTURE REEi~ (1) ADJ. SHELF TU BE (1) FIXED DRA'JVER (12) BOTTLE STORAGE RACK (20) ADDITIOhIAL 3' Lc + e cRS (8~ SCOTCNUTE LETTERS 118" BLACK EDGE ON (2) STRIPES (1 ~) 5" 22K'f LC.I 1 SRS (10) d" 22KT LETTERS C~37~9-1(1 y.x `s ~ CHARGES ; CREDITS ( CODE 531.00 ~ - CC ` $82.15 CRG $187.T4 CRG SO.OC 84.00. NC $ '3(3.00 CC x~ •~ i ~. r'iQ vCi 8220 OC ~ CRC S ~.950.G0 Cu S' Z5 rX: CC $2d6 45 CC Sa75 ~0 CC $539.80 CRC $tgt.p0 CC szs3.7o cc 3'.s80.00 CC 6 S1S0.00 CC T4Ti4LS $5.5?2 15 y~,029 fig DIFFERENCE d~4,$41.~6 • " t/21/2s~02 Page ? Sheet t ...r...i.os...i....r..so..,.s+..o .®...~....r...s..~..r.r.,s...n~...~.,~-..r..s.~..®..e..~„~.,..~....~..o..~..r...r..~..f.+r...~..~....~..~. v...r..e..~..r..r...~-...~..(~ 7 . _, (~ 7 • [` l PURCHASE AGREEMENT 5 FOR J U'TPHEN FIRE APPARAT U 5 THIS AGREEMENT, made and entered into this day of 19 , by and between SL i rrIEN CORPORATION of Amlin, Ohio, hereinafter called "SUTPHEN" and the of hereinafter called "PURCHASER". WITNES SETH: 1. PURCHASE: Purchaser hereby agrees to buy and Sutphen hereby agrees to sell and furnish to Purchaser the apparatus and equipment according to the Sutphen Proposal attached hereto and made a part hereof, and to deliver the same as hereinafter provided. 2. PAYMENT: Purchaser agrees to pay for said apparatus and equipment the total purchase price of { ~ payable in full upon delivery. 3. DISCOUNT: if the purchaser desires to make one quarter (25%) downpayment within 30 days of signing of contract, you may DEDUCT $ from the bid price. 4. DELIVERY: The apparatus and equipment being purchased hereunder shall be delivered to Purchaser at within approximately after the receipt and acceptance of this agreement at Sutphen's office in Amlin, Ohio, provided that such delivery date shall be automatically extended for delays due to strikes, failure to obtain materials or other cause beyond Sutphen's control. 5. SUTPHEN WARRANTIES: Sutphen warrants the apparatus purchased hereunder as set forth in the warranty included with bid proposal. 6. TESTING SHORTAGES: The appazatus shall be tested per NFPA #1901 at Sutphen's plant site in Amlin, Ohio. Purchaser agrees that the apparatus and equipment being purchased hereunder will not be driven or used in any manner until it is paid for in full, provided, however, that if there are any minor shortages, Purchaser may withhold a sum equivalent to the retail purchase price of any equipment shortages at the time of delivery and may use the apparatus and • equipment during this period. ......,..r.. ,.~-..~..~........~....-.....~...~........~..,...r..~.., ~T?TP H F. N -.....,..,.....~-..,..~..~..~..,..,..,...~..r..~..~..~.~..~..~. .7 7. DEFAULT: In the case of any default in payment hereunder or in the payment on any notes, negotiable paper, obligations or other instruments issued by Purchaser, Sutphen may take full possession of the apparatus and equipment or of the piece or pieces upon which default has been made, and any payments that have been made theretofore shall be applied as rent in full for the use of the apparatus and equipment up to the date of taking possession by Sutphen. 8. PURCHASER WARRANTIES: With the signing of this agreement, Purchaser warrants that it has the full power and legal authority to enter into this agreement and guarantees that funds for its purchase are available or in the process of collection. 9. ACCEPTANCE: This agreement shall not be binding until it is signed and approved by an officer of the Sutphen Corporation. 10. TAXES_ ETC_: The purchase price provided for herein does not include any federal, state or local sales tax, duties, imposts, revenues, excise or other taxes which may hereafter be imposed by governmental authority or otherwise and which are made applicable to the apparatus or equipment covered by the agreement. In the event that any such taxes are subsequently imposed and become applicable, the purchase price herein shall be increased by the amount of such taxes and such sum shall be immediately paid by Purchaser to Sutphen. To the extent applicable, the prices and deliveries set forth herein are subject to the Defense Production Act. 11. INSURANCE: Sutphen shall provide insurance insuring the apparatus and equipment against loss by fire, theft or collision and insuring against property damage and personal injury through the three (3) day delivery period. 12. GENERAL: This agreement and the Sutphen proposal provided herein take precedence over all previous negotiations, oral or written, and no representations or warranties are applicable except as specifically contained in this agreement or in the Sutphen proposal attached hereto. No alteration, modification, amendment or change of this Agreement shall be binding unless executed in writing by the parties. No waiver of any of the provisions of this Agreement shall be deemed a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. This Agreement is deemed to have been made at Union County ,Ohio. This Agreement shall be governed and controlled as to interpretation, enforcement, validity, construction, effect and in all other respects by the laws statutes and decisions of the State of Ohio. Exclusive jurisdiction and venue for any litigation at all related to this Agreement, directly or indirectly, based upon contract, tort, or other theory of law, shall lie in the Union County Court of Common Pleas, Marysville, Ohio and the parties hereto consent and submit to the general jurisdiction of this court. All of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by Sutphen, Purchaser, their successors and assigns. • IN WITNESS WHEREOF; the parties hereto have caused this agreement to be duly executed and ~J attested by its duly authorized representatives, effective as of the date below when accepted at Sutphen Corporation offices. SUTPHEN CORPORATION gy THE Sales Representative Purchaser sy Title By Title Date Accepted at office SL i r'rIEN CORPORATION 7000 Columbus-Marysville Road Amlin, Ohio 43002 sy Title Date r~ ..~....~..~..~.._~..~~.._~.. ~._~._ _._-_-_~. __ __ ___ __ -. _ G~T/TOLf T1~7 __ ~~ ~~~ ,~ ~: - a ~.,~ -Y~ts ~r ~- ~; ,, -, ~, ,~~~ ~ .~ a ~ '-. ~x,~~~ ,~ mss` - t i ~~ ~~~ k ~ _ ~, F`- }'s." ~ Ake' ~~ ~~ ~ ~ ~ Only Tf3e Best 15 ~oocl s~ _ 4 ~ - u~r~_ ,~ ,~~, - ~~~ ~ v ~ ~_ ~w t ~~ EhOygt'r Fbr ~Ur ~1411'k1~'# ~- - ~~~ ~.~~.'~ ~." ~'~~ :~ ~,~ ., Sutphen:Fire ,Apparatus ~s ~ ~ x , ;- tt~ ~~ famify own~d_ end fsrxrily `~ F ~ L~°` ~{ {. ~y l arty F- ~~'-~g y ~ operated" ~+~ r# Ilan ~t~Ben z ~ ~ T ' .w .~i since 18ii~, 1IVe dd ttb~ ~ ~ •` µ answer tca.putsleie investors ~ = t =~~: or #o trerger ~rlei~#edx ..k: ~ ~` ~~~ `Quick tns~ney schemes ~~ ~°° Sutphen is dedicated. to ~ ~' ~r ~~k~ = ~ ~ - fhe-pride vita lt~ve ds~ta~- ~ ~ , ~' trsfied try=riranufact~lrl~8 ~ ~_. , ,~k ~ _~~~ :tap-t~f,the-ltne, custc~~ ~ ~ ~ ~ ~~ ,~ apparatuis Pr~c#eWesho4v £" ~ _~,~ _ Yam'„ ..;- -~` #hrou~h;puttirg our~nietl^te .. on only #h ~ _ @ ~~reg# fire- ~ ,~ -; - appara#us poserble ~ - ,.. - ~ ..~ ` Ta produce Otte bas#b y~ ~',~; ~.. Sutphen`utiirze~ iausiness , ~ ~ ~ vaiu+~ provetw tltr~tigi#~3 ,over 11fl years ©f satisfied ~~ ers •I Enplayees Y~~ ~~ ~ ~ ~ ~ < ~ ~ ,~ ~ ~~ ~~ AR l~~ i71pr ~ens~ Qf - . ~~ ~ S `~.`d F~~ ;s' a ` ~ -°.~ -a:u`' -a-. t . -- - _~ ~' .,`k. , +, 4 r~,! ~''~° -~. _ ~ /. pride and E}u81~ty values r : r ~ . I • R . are #tte starting"porni. Mite ~ ~~~ ~ ~ ~~ & ~ ~ ~ F ~ ~~~ ~ ~ ~ -; ~ ~. combine.thrs tAi#h Today s ~ ~t ~~~ ~~ ~~' - ~ ~~,~,~ • ~~-_~~ ~~ ~ . most advanced designs 5 ~ = ,, ~.~~ ~= ~ .~ ~ ~F ~. sfate-c~~ the,pr~uct[ot~ ~, ~ ` ~~~' ~ ~f* 11 f i~- ~ ~~~~ tscitities:arld top c~u~rtty .~ ~. materrais Su#pherl thert "~~ ~ ~ "~ ~ , ,~- F u#iti~es hat'rd-ct~fted - ~'~ ~ ~~ consfrs~~tor~ trtstead of -~ , ~ _ ~ ~~ ~~_ ~ ~~_ mass produc#tan oriented "~ ~ _ ~ ~ assembty iin~s, l,:aclt ~ = -~ ~ ~~~ ._ ~ ~ ~ k truck is tuii# by a teem of ~ '~ ~~ ~ ~'~~ ~' ~ ~~ ~ '~~ ~ . 'n ~ ~ praftsmen ,1~otr $e#,an ~ .~ ,- _ ... -. , _.~- _ :.. ,. ~ _.-~~~. ~.~ ~ , ~ ~ s x r.- ~~, ~~~~ apRara#us ynu wilt i~ .. •.. r r I r . • -f +~~ ~ I `proud to.put your name an ~ x ~ ~ ~`3 r ~ ..~ '~ _ -_ d ~~ - e ~~ ~ i - ~ i e party isaiso lodged ~ ~ 1 ~ ~ ~ lr ~ ~ ~ P ~ ~~ 1 .i Q 1~( ' ~ y by service,-and Sutphen X000 Ca[umbos-Mary:vile-Road,=Amlin Qhio 43tlQZ-0158 makes customer support , 800.848-5860 ~ 6t4-889-1005 ;'• fax: bT4-$$9-0814 ; as important as the prod- ~ ~ rNf~~.:~ :E~~~x~a<.s~ uct. Sutphen-responds E Mai: sutpltenCsutphencorp.cpm ~ Web fife, wwwsutphen.com ~ ~}~-~~-~-- when customers ca!!. ~1BDVE THE STANUA#~L7 `S#IVCF 1890 - Frrt~ ,~~~~.~~rus 3'a[~ ~'ii.c 8E PRaua Ta PiuT '~+C)iuR !'~ii,Atlli4f' a'wd ~~~~'~-i~ ~ ~ ~4i~ ~ ~` ~ ~ ~ rJ1 ~ ~.` c-+ f ~~ ~t r r M r) ~,~^(~_! >1 l -f.:.-S""'~~s~~--J ~_ ~~ ~ - J ~~~ ~ .d '~"-l •~ ~ f ~~ -.~a ~{3~tk +~ ~~~`r~ :I'3 ~[~`~~r~ ~l.r. J ~ ~ -f~~..~,r~e £ g ~+ ~!' ~~ ~ ~~ "r.~+ ~-. ~.~./~~.1 ~~ - :~J'^~.Jll J' ~ `J '~ ~ ry:3 ~~ r ~ - ~.1' .~ ~~71t ~~..~~ ~ ~ ~~ a .~rS'~ 3 ` ~ ~ ~~ ~ In 1889 Clarence H, Sutphen, the son ~ ~Sutphe>~I : ~ir~~~`~ pp s , ~~ ~: a~atu ~~Tl~#e Strp~+er~~'ir+s,~,~p~'~us of immigrants from Zutphen Holland, ~ proudly utlt~~e~sQ~iy the la#est arEx~[t~l pr~i~r4~~1~ ~rii!red entered a rapidly growing fire Indus- ma-tC~f~~ttt~rr~ chniques, .~~ ~m~are~ 1`~"a~ss~ ~~~~bly try lacy marketing leather fire hose< A ' ~qulpt~~~t'~~~~ t;~t~rtals. lip"~roc#~i~di~s~-~'y~~,~~ r~i~es year later, in 1830, the first Sutphen Hdinrev~r.~~~~~~#~ ~' ~~ 5utplien' vt~ jsige~#. ~f file ;: Lire apparatus was delivered to ~rsat chance lp~~ .ears ' ~-F ~ ~ Urbana, Ohio. ~ - srgati, ou~t~rtt,~ inanu~~ ere _'~ ~ is ~ SatphQr~ ~ ~~i~ ~ a#ts~, ~ ` ©ur dal#~ h~ua~r~t~~~~:~to ~ ~ teem ~ I°~d ~ ~a~ ~ ra#us i Sutphen advancement followed the ` ~ Fp ~ ~~'~ build ~~~' #~ ~~~~ ~l!~~hest : introduction of the Model T, and later = ~bnstructka-r~~,~~~~~am of spe- q~~fi'~, l~v~'~st ~`~~-~~t+~~~~e ~ the Dodge chassis. fn 1925 the com- o~~ilsts ~~ l~p~bulid ~p~~r~tus id ~t ~~~ stn pony began building its own custom = priQducts ~b '~~°_put ,_j, tither ~~~ ~ th~~~.~+t flre _ trucks in Columbus, Ohio facilities, their nam~~a,~t~~~~ociuce the-. - a~~tperatue; ~~ibl~~lpher! ~~t ire °p~'~~~s~afi,en, nod demat~`~hk~- t~ al#~~cts of Clarence's son, Harry Sutphen, took ~ assemblyrlt~t~r~~t'~~ts. ` ' o>~r°;b(t~sl~~s ~lII!~tfgnn~lq.tllis - over the business in the early i 930's. ` ~ ' ~ ~, -~ bemuse 3ca~t~„~ttam~~~~~ur . ~ Harrys's sons, Tom and Bob, joined ~ ~~ ,.~+~~,~~~~t~~s~ c~utorr~e~~-~~.~~~e~ 'r~ too the company after their service In ~_ k ~ ~ ~,~ ~~~~ ~~ impartarrt~ #c~t' ~raytk~i f~si World War ii, They guided Sutphen "~`~ ~~ ~ ~ _ ra ~ ~~ ~~ `r Fire Apparatus into the company you P~rsiduoing ~lt~,~1~~juires :_ ~,~~ x ~.~~,~,.~- ~ 1 - ~ know today. _ pro~[dirtg 1~ ~~'f~#'e to ,~, ~ ~. ~~ `,~ r,~.c,t,.c`',~ -~~~..~~ ` ~ the next generation of gQ ~w~th tM~ ~t~"~From -,.~-~ For the future, - A ~rre a ~ the Sutphen family is at the helm. ~ustomer~ ~~~~~ ~ future Y Ppa~ratu~ ~ ~~ ss Bob's son Drew Sutphen is President - m~lintenai-~ n!~s=when you s` 9a~ as the d~sigrts ~~~~a _ 1~, a Su ~` bu -the _:. ~ ~. ~ ~ of Sutphen Corporation, son Danny ~> ~~.~~.,'~ y Tht~k-a espedlalt~f~'u~:~~~n Sutphen and grandson Harry = corrtpar~~tF1~~~~ ~ it aensl apparatus whe~~~~i~ar Sutphen are in sales and daughter "~ ~utohen'~ s~~ ~ ~t svl risk'of user~nju~r ts~fie Dareth Fowler is in urchasin usto sta Sut~,hen has i.~:~~bir~'lal Tom's dau hter Julie Sut hen ~~~ ~~' g ~ P ~ ~tvFth custgrtte~, ~~ti desgris~ proven thrc~u~l~~.b~trer Phelps, is President of Sutphen Flre Appafiatusr8ttl~l~re ~^ 37` years bf s@i`YlCB~ ~~ae Towers and Vice President of !;here to assts ~rftls ~ ~~ er latest in tles! rt a~v~nc+~~it Sutphen Corporation. 3 satlsfactio a Sut h n ~n n~ ~d~tt~tft~~'riot ~~ , p e ~ ginsers~~st~~tl~t~~ enough, ``the bcitrk~to~'~~i~~ The family history of Sutphen Fire set the Industry s~andatds, ~~ desk with an a~tcra~~dtp~~~ with nu!>lerous paten~~ "~~-~. Apparatus illustrates aver 110 years satin ~~ ~ ~ Yf g behind It Evelio s~ of stability in a market where ~ ~~ support their success Stll~> Sul hen °: Flre =A acatus~v ~ err itreerrrt 's most im o~ ~~ manufacturer closures, mergers and p _ pR ,~~ ~ -~ ~~ g p x ~ acquisitions are rampant. We will commjtted to p~aut+~i~~ ~~~ work in~oives _ contact , t ~ : ~ ' ~`~f~~, '~ ~_ continue to manufacture and service apparatus you-will pr#u~~top cu5fgmers, Every ~pparatus~~ ' the quality product you have came to put .your name trl. ~ r ,~ is custom engir~eered.ta exsct expect under the Sutphen name, ~`t~ .. ~. ~ ~ spec~f~catlan~.and rteede . - - - .~ - d - a - ~, i ` -e 4 -. - 1 ~k~., non .~~~-T~~~ _ S I~ T P H E N~ (~ R P (~ G r ~~ ~ 1°, z!`i, tC10' S. YI[)' Pl~ttarme~ V ~ . `~°'. sus'. J • ~ ~oa• 1Q00 ~olu[nbus-NlQrysvil(e Road, Amon Ohio X31}02-01 ~i~ r`~~~`~~'~~' 800-848~5~8isU bl~-$89.10x5 ~ Fnx.61~-88y-~S1~ ~1' LS'rrt,s. i'cir~~-~r psi:e~~~a~rr t t~tl 1 i;e~! IracliRrlr~_*: ~ ~ltli~; 58~~~1I~.~SU~~t~t1:'t!~OC~?.tDiT! ~ ~E~1 ~lfe; iN'~.',0'~4'.5~~'~~~t~[1.i^~';~ ~~~~~~~~,~s~; ~. ~-fa..;I,~~~ ~$v>4tE T~~ 5r:~ttb't):~ta4'l~- ~t~;~t:,~ ~~3x~~J ~:-~.~'~~~~ ~ F3 ~=.~f~~~ ~ ~~ ~ SPECIFICATIONS FOR ONE 1500GPM CUSTOM RESCUE PUMPER IS FOR THE VILLAGE OF TEQUESTA FIRE DEPT. ~ ~1 ~ 1 TABLE OF CONTENTS PUMP INLETS 23 OUTLETS 23 ALUMINUM CAB 4 DELUGE RISER 23 EMS CABINET 7 SPEEDLAYS 24 AIR HORNS 7 TANK FILL 29 ALTERNATOR 7 FOAM TANK 29 AXLES 7 PUMP AND GAUGE PANELS 25 BATTERIES 8 EXTENDED PUMP MODULE 25 BATTERY JUMPER TERMINAL 8 PUMP PANEL GAUGES AND CONTROLS BRAKES 8 25 BRAKES 8 PRESSURE GAUGES 26 BUMPER 9 TANK GAUGE 26 COOLING SYSTEM 9 DRIVE LINE . 10 CHASSIS SUB-FRAME 26 ENGINE ENCLOSURE 10 APPARATUS BODY 26 ENGINE 10 BODY COMPARTMENTS 27 ENGINE BRAKE 11 ROLL-UP COMPARTMENT DOORS 27 EXHAUST SYSTEM 11 REAR STEP COMPARTMENTATION 27 FRAME 11 COMPARTMENTATION LEFT SIDE 28 FUEL TANK 11 COMPARTMENTATION RIGHT SIDE CAB HANDRAILS 12 28 HEATER AND DEFROSTER 12 HEATER/DEFROSTER/AIR CONDITIONER FIXED ROLL-OUT DRAWER • 12 28 INSTRUMENT PANEL 13 MASTER ELECTRICAL PANEL 15 LOAD MANAGER 16 HOSE BED 29 INTERIOR 16 HANDRAILS AND STEPS 29 LIGHTING CAB EXTERIOR 17 RUB RAILS 29 HAND HELD SPOTLIGHT 17 ALUMINUM TREADPLATE 30 LIGHTING CAB INTERIOR 17 BOOSTER TANK 30 LIGHTING CREW CAB INTERIOR 17 MIRRORS 17 ELECTRICAL EQUIPMENT 31 SEATING 18 TAIL/STOP/TURN LIGHTS 31 STEERING 18 STEP LIGHTS 31 SUSPENSION 18 WORK LIGHTS 31 SUSPENSION 18 OPTICAL WARNING SYSTEM 32 TIRES AND WHEELS 18 UPPER LEVEL WARNING DEVICES TOW EYES 19 32 TOW EYES 19 LOWER LEVEL WARNING DEVICES TRANSMISSION 19 32 WHEELBASE 19 REAR ARROW LIGHT 33 WINDSHIELD WIPERS 19 MISCELLANEOUS 19 SIREN 33 FIRE PUMP 20 FEDERAL Q2B SIREN 33 PRIMING PUMP 20 PUMP TRANSFER CASE 20 SUCTION HOSE AND STRAINER 34 PUMP TESTING 21 PUMP PRESSURE GOVERNOR CONTROL LADDER EQUIPMENT 34 21 • THERMAL RELIEF VALVE 22 PAINTING 35 • INTAKE RELIEF 22 AUXILIARY COOLER 22 VALVES AND ADAPTERS 22 PAINT-TWO TONE CAB 36 PUMP CONNECTIONS. . . 22 LETTERING 36 P ~~ STRIPING 36 MISCELLANEOUS EQUIPMENT FURNISHED . 36 OPERATION AND SERVICE MANUALS 36 WARRANTIES 37 DELIVERY 37 LOCATION . 37 • VILLAGE OF TEQUESTA FIRE DEPT. -Page 3 P #~ ~ ~~ SUTPHEN CUSTOM RESCUE PUMPER -MODEL 2000 This chassis is designed and built by the Sutphen Corporation especially for use with our custom pumpers with strict standazds of quality and service. There is no divided responsibility in the production ofthe Sutphen Custom Rescue Pumper, as the chassis and body are manufactured by the Sutphen Corporation. ALUMINUM CAB -Full Tilt - 6 Person The cab will be designed specifically for the fire service and manufactured by the chassis builder. Cab will be built entirely by the apparatus manufacturer within the same facilities (no exceptions). Cab Design The apparatus chassis will be of an engine forwazd, fully enclosed tilt cab design. There will be four (4) side entry doors. The cab will be of a fully open design with no divider wall or window separating the front and rear • cab sections. Construction of the cab will consist of high strength 5052H32 aluminum welded to extruded aluminum framing of 6061-T6. The cab roof will utilize extruded, radiused outer corner rails with integral drip channel and box tubing type cross brace supports. The cab sides will be constructed from extruded door pillars and posts that provide a finished door opening, extruded and formed wheel well openings supports, formed aluminum wheelwell liners and box tubing type support braces. The cab floor and rear cab wall will utilize box tubing type framing and support bracing. The framework will be of a welded construction that fully unitizes the structural frame of the cab. The structural extrusion framework will be overlaid with interlocked aluminum alloy sheet metal panels to form the exterior skin of the cab. The structural extrusion framework will support and distribute the forces and stresses imposed by the chassis and cab loads and will not rely on the sheet metal skin for any structural integrity. • The cab mounting system will use a steel subframe, isolated from the cab with six (6) rubber mounts, to minimise chassis vibration and torsional loads from being induced into the cab structure. The two VILLAGE OF TEQUESTA FIRE DEPT. -Page 4 0 ~~ ~ tilt pivot points will have brass bushing and grease fittings for lubrication and smooth tilting of the cab. All openings in the cab will be grommeted or equipped with rubber boots to seal the cab from extraneous noise and moisture. A glove box will be provided with a notebook holder located near the floor at the right side seat position. Plastic or vacuformed door panels not acceptable. The cab interior will have Zolatone gray/black rubberized, mar resistant, textured finish. Fender Crowns Polished front axle fenderettes with full depth radiused wheel well liners will be provided. Grille A stainless grille will be provided. Grille will be box type, not flat, and allow for siren or warning light mounting. Plastic or ABS grilles not acceptable. • Cab Insulation The cab will be insulated in a manner to reduce noise levels inside the cab. The cab interior sound levels will not exceed 80 decibels at 45 mph m all cab seat positions. The cab will be designed to satisfy the following minimum width and length dimensions: Cab Width (excluding minors) 94" Cab Length (from C/L of front axle) To front of cab (excluding bumper) 68" To rear of cab 62" Total Cab Length (excluding bumper) 130" Roof Desi¢n The cab will be of a flat roof design, with sufficient arch to repel water to the side drip rails and will satisfy the following minimum height dimensions: Cab Heights (from top of frame) Front 65" Rear 65" Doors The cab door frames will be constructed from aluminum extrusions fitted with an aluminum sheet metal skin and will be equipped with dual weather seals. The cab doors will be equipped with heavy duty door latching hardware which complies with FMVSS 206. The mechanics ofthe door operation • will utilize rod linkage for positive operation. A rubber coated nylon web door stop will be provided. VILLAGE OF TEQUESTA FIRE DEPT. -Page 5 ~ ~~ ~ The doors will be flush mounted with a full length stainless steel 3/8" diameter hinge and will be fully adjustable. The forward full length cab door design will incorporate an extruded and formed aluminum window framework with aroll-down style door glass. The door glass will roll completely down. The rear full length cab door design will incorporate an extruded and formed aluminum window framework with aroll-down style door glass. The cab doors will be designed to satisfy the following minimum opening and step area dimensions: Door Opening: Front 36.5" Rear 36.5" The cab doors will have interior brushed stainless steel scuff guards at the bottom of each window to provide protection for the paint and interior. Exterior Glass • The cab windshield will be of a two piece design utilizing tinted, laminated, automotive approved safety glass and will have a minimum area of 2,700 square inches. Dual tinted sunvisors will be provided. The cab door and canopy windows will utilize tinted, automotive approved safety glass. Two (2) fixed position side windows will be provided between the forward cab area and the crew cab area, one (1) each side and will utilize tinted, tempered automotive approved safety glass. In the upper rear corners of the back wall of the cab, there will be two window holes approximately 6" wide x 9" high to allow fire fighters a rearward view before existing the apparatus. Auxiliary Cab Entrance Stens Underbody steps with a grip strut surface will be provided at each cab step area. The steps will be approximately 10" deep x 24" wide and will be no more than 15" from the ground. Tilt Svstem Mechanism An electric over hydraulic cab tilt system will be provided in order to facilitate the lifting of the cab to allow full access to the engine and accessories mounted under the cab. The raising of the tilt cab will be accomplished through a hydraulic lift system consisting of two (2) hydraulic lift cylinders, an electrically driven hydraulic pump, two (2) hydraulically activated latches, • and an electrical control switch. VILLAGE OF TEQUESTA FIRE DEPT. -Page 6 ~ ~~ r The hydraulic cylinders will lift the cab to a tilt angle of 45 , degrees exposing the engine and accessories for service. Manual rod locks with morse type cable release will be provided on the tilt system. The lift system will operate in a smooth and safe manner and will include cylinder interlocks to ensure that the cab will remain in a fixed position in the event of a failure in the system. There will be a manually operated hydraulic pump for tilting the cab in case the main pump should fail. EMS CABINET (REAR FACING SEAT POSITION There will be a cabinet constructed of .125 aluminum plate and painted to mach the ,interior of the cab. The cabinet dimensions will be approximately 22.00" wide x 16.00" deep. The height of the cabinet will extend to the interior of the cab roof. The cabinet will come complete with a locking roll up door, one (1) adjustable shelf, and two (2) Weldon mode120301ights. The location of the cabinet will be in place of one of the right side crew seats and mounted on the seat riser. • AIR HORNS Two (2) Grover 2040 Stuttertone rectangular, chrome plated, air horns will be recess mounted, one (1) each side behind the perforated grille of the bumper. The air horns will be controlled by a toggle switch wired through the horn button. Afoot switch for the air horns will also be provided on the officer's side. ALTERNATOR 300 ampere Lestek (Brute), serpentine belt driven. Drive ratio will be a minimum of 4.0 to 1. The alternator will generate 230 amperes at engine idle. A low voltage alarm, audible and visual, will be provided. AXLES Front: Capacity will be 18,000 lbs. Meritor hub piloted, furnished with oil seals. Rear: Capacity will be 27,000 lbs. Meritor hub piloted, furnished with oil seals. Rear axle speed approximately 65 MPH. V!l_IA~E OF TEQUESTA FIRE DEPT. -Page 7 r ~, ~ BATTERIES The battery system will be a single system consisting of four negative ground, 12 volt Interstate Group 31 PHD batteries, cranking performance of 950 CCA each with total of 3800 amps, 185 minute reserve capacity with 25 amp. draw at 80 degrees Fahrenheit. Each battery will have 114 plates. Warranty will be accepted nationwide. The batteries will be installed in a vented 304 stauiless steel battery box with a removable aluminum cover to protect the batteries from road dirt and moisture. The batteries are to be placed on dri-deck and secured with a fiberglass hold down. The batteries will be wired directly to starter motor and alternator. The battery cables will be 3!0 gauge. Battery cable terminals will be solder dipped, color coded and labeled on heat shrink tubing with a color coded rubber boot protecting the terminals from corrosion. There will be a 350 amp. fuse protecting the pump primer, tilt pump and other options as required. A Kussmaul Model 091-73-30-120 super electric auto-eject with weatherproof cover and power interrupt will be provided. BATTERY JUMPER TERMINAL There will be one set (two studs) of battery jumper terminals located by the battery box under the cab. The terminals will have plastic color coded covers. Each terminal will be tagged to indicate positive/negative. BRAKES (Front) The front brakes will be a self cleaning Meritor ADB-1560 Disc type brake with a braking surface of 240 squaze inches and an automatic slack adjuster. The brake caliper will be a 2 slide pin design and have a unique swing-away caliper with lift out lining and pad assembly. They will be equipped with an external lining wear indicator for easy inspection. BRAKES (Rear) The reaz brakes will be Meritor S-cam style brake. They will be 16.5" x 7" with heavy duty return springs, and a double anchor pin design. They will also have quick change shoes for fast easy brake relines along with Rockwell's five (5) year 75,000 mile warranty. Components and accessories will be as follows: • S rin brake actuated from dash rear wheels onl p g ( Y) VILLAGE OF TEQUESTA FIRE DEPT. -Page 8 ~ ~ 16.1 CFM compressor lubricated from engine oil and cooled by engine cooling system. Duect gear driven at rear of engine. A RockwelUWabco Systems Saver 1200 air dryer with aspin-on cartridge and heated automatic moisture ejector. Three (3) supply tanks with a total air tank capacity 4057 cu. inch. Quick build-up design. The brake hoses from frame to axle will have spring guards on both ends to prevent wear and crimping as they move with suspension. All main brake lines will be color coded nylon type protected in high temperature rated split plastic loom. All fittings for brake system plumbing will be brass; no steel fittings. Front and rear axle will have automatic slack adjusters. • Full air system will meet all current FMVSS-121 standards. Brake pedal will be E-7 type with all brake switches inside the cab to eliminate exposure to the elements. Accessories plumbed from air system will go through a PR3 valve and to a manifold so that if accessories fail they will not interfere with air brake system. A Schrader fill valve will be mounted on wet tank behind bumper under the cab. The RockweWWabco 4 Channel Anti-lock braking system will be provided. BUMPER A 12" tall stainless steel wrap-around bumper with aluminum treadplate skirt between bumper and cab. The bumper will be attached directly to a 1/4" x 10" x 70" steel plate for additional reinforcement. The bumper will be extended to 24" and have a trough capable of holding a maximum of 150 ft. of 1-3/4" hose with a nozzle. COOLING SYSTEM AND RELATED COMPONENTS The chassis will be equipped with ahigh-capacity down flow 1250 square inch frontal area radiator, with 4-1/2" thick core with six rows of tubes and 11 fins per inch. The radiator core will be Beta welded, not soldered. The system will have a 58 quart cooling system capacity, bolted tank design, VILLAGE OF TEQUESTA FIRE DEPT. -Page 9 t ~~ ~ a full deaeration system built into tank top and Posi-temp temperature control system with a charged air cooler to match engine requirements on front of radiator. The radiator plumbing will provide a draincock for coolant evacuation. The engine cooling system will be capable of maintaining engine manufacturer's recommended engine operating temperature during all load conditions. The engine cooling system will meet all test requirements for performance required by the respective engine manufacturer. The radiator core will be compatible with all commercial anti-freeze solutions. A 30" 9-blade high performance fan is provided on the engine. The fan drive will be rear aired. The cooling system will have a chemically charged water filter for protection of the radiator and engine. Silicone hoses will be provided with spring loaded constant torque radiator hose clamps used on all main radiator hose connections to prevent leaks. DRIVE LINE, The drive line will consist of Spicer 1710 series dual grease fitting universal joint with "Half-Round" end yokes. The drive shaft will be built with a heavy duty steel tube 4.095" outside diameter x .180 wall thickness. ,The shafts will be dynamically balanced prior to installation into the chassis. A • splined slip joint will be provided in each shaft assembly. Universal joints will be extended life. There will be two (2) Zerk fitting in each universal joint assembly so the joint can be greased without turning the shaft. ENGINE ENCLOSURE The inside of the engine enclosure will have a sound deadening insulation system. The cab interior will have a sound deadening package to help minimise the DB levels in the front and rear of the cab. ENGINE Caterpillar C12, 425 H.P. @ 2100 R.P.M., 1550 ft. lb. torque @ 1200 R.P.M., 732 cu. in. displacement, turbocharged with Air-to-Air After Cooling. The engine will have a five year or 50,000 mile warranty and approval by Caterpillar for installation in the chassis. The engine will be equipped with the following: Air cleaner -Farr Ecolite w/restriction gauge on dash • Air compressor - 16 CFM Bendix Tu-Flo 750 VILLAGE OF TEQUESTA FIRE DEPT. -Page 10 ~ ~~ ~ Exhaust -single with discharge right side, ahead of rear wheels Dual Spin-on fuel filters and fuel priming pump Lube oil cooler Lube oil filter -full flow spin-on Starting motor - 12 volt ENGINE BRAKE A Jacobs engine brake will be provided with ahigh-low-off control. The brake light will activate when the engine brake is engaged. EXHAUST SYSTEM The engine exhaust system will be horizontal design constructed from heavy duty truck components. • All exhaust tubing will be aluminized. A 30" piece of stainless steel flex tube will be used to isolate the exhaust system from engine. The outlet will be directed to the forwazd side of the rear wheels exiting the right side with a chrome straight tip. The muffler will be a double wrapped ahinLni~ed type, mounted under the right side frame rail, and meeting the engine manufacturer's specifications and current noise level tests. An orange fiberglass heat absorbing sleeve will be used on the exhaust pipe in the engine compartment area to reduce the heat, to protect the alternator, and also to protect hands when checking or adding oil in the engine compartment. FRAME 3/8"thick formed channe110-1/8" x 3 1/2" flange, section modulus 32.65 in. cubed, resisting bending moment 1,632,000 in./lbs. Reaz axle area of the frame will have a double liner bolted to the frame to provide additional strength to this high stress area. There will be six (6) crossmembers, 3/8" thick. Formed channels have formed gusseted ends at the frame rail attachment. 5/8" grade 8 flange Huck bolt fasteners will be used on all permanently attached brackets to the frame to eliminate the need for bolt re-torquing. The frame will be painted glossy black prior to installing wiring harness and other components. A lifetime warranty will be provided by the manufacturer. FUEL TANK The chassis will be equipped with a 65 gallon rear mounted, behind the rear axle, rectangular fuel tank that will be constructed of steel alloy with stamped heads. It will provide a minimum 65 gallon (246 • liter) "draw" capacity on an incline in any direction up to 8 degrees. The fuel tank will be certified to meet FMCSR 393.67 tests. The tank will be removable by means of six (6) bolted connections and VILLAGE OF TEQUESTA FIRE DEPT. -Page 11 r'+' 1 _ dropped. One (1) tank baffle will be used. Dual pick-up and return ports with a single 3/4"tank draw tube will be provided for diesel generators if required. The fuel tank will be equipped with a 2 1/4" filler neck assembly with a 3/4" vent located on the left hand side of the tank. A fuel fill cap attached with a lanyard will be provided. The bottom of the fuel tank will contain a 1 /2" drain plug. The fuel lines will be nylon braid reinforced fuel hose with crimped brass fittings. The lines will be carefully routed along the inside of the frame rails. All fuel lines are covered in high temperature rated split plastic loom. Single suction and return fuel lines will be provided. The fuel tank will be mounted in a saddle with 1 /4" rubber, contact cemented to the saddle. CAB HANDRAILS Four (4) 24" long, 1-1/4" diameter polished aluminum rails with rubber grip strips will be provided, one (1) at each cab entrance. One (1) rubber coated grab handle will be provided on the officer's side • windshield post. HEATER AND DEFROSTER A 39,000 BTU heater and defroster with three speed fan will be provided. The heater/defroster with lighted controls will be provided on the forward center of the cab ceiling. Two (2) shutoff valves for heater will be supplied. HEATER/DEFROSTERlAIR CONDITIONER There will be a minimum 21,900 cool BTU and 34,000 heat BTU single unit, heater/air conditioner mounted over the engine cover and equipped with a three (3) speed fan with air blowers fore and aft. Unit will be mounted in center of the cab on the engine hood/enclosure. Unit will have a shutoff valve at the front of the cab. Lighted control panel for the heater, air conditioner and defroster will be provided on the cab dash. The defroster/heater will be a minimum of 33,000 BTU and will be a separate unit mounted over the windshield. Defroster louver/defuser will be provided, one (1) each side of the front windshield. There will be duct work to the floor of the cab, facing forward to provide heat for the front of cab floor area. The condenser will be roof mounted and have two (2) heavy duty motors and a 44,000 BTU rating. (This roof mounted condenser will work at full rated capacity at an idle with no engine heat problems, • while radiator mounted condensers do not work well below 1500 RPM.) VILLAGE OF TEQUESTA FIRE DEPT. -Page 12 r'~' There will be a 12 volt fan directed at the driver's side windshield. There will be a 12 volt fan directed at the officer's side windshield. INSTRUMENT PANEL The main dash shroud which covers the area directly in front of the driver from the door post to the engine hood will be custom molded and covered with anon-glare black vinyl. The dash panels are deluxe, simulated wood grain finish. The dash has one (1) hinged service panel that tilts outward for easy access to the internal components. All gauges will be Stewart Warner smart gauges with built in red warning light to alert driver of any problems. All gauges and controls are backlighted for night vision and identified for function. All main gauges and warning lights can be seen through the steering wheel. The vehicle will be equipped with a keyless ignition, with a two (2) position rocker switch, "Ignition Off/On" and a two (2) position rocker switch, "Off/Start". Instruments to include: • Tachometer/hourmeter Speedometer/odometer Ammeter Voltmeter Fuel gauge Engine oil pressure Transmission temperature Engine temperature Primary air pressure Secondary air pressure Indicator and warning lights visible to driver: Battery on Parking brake engaged Low air with buzzer Turn signals Hi-beam Engine temperature with buzzer Engine oil pressure with buzzer Transmission temperature with buzzer Do not shift transmission Check transmission • Stop engine with buzzer Check engine VILLAGE OF TEQUESTA FIRE DEPT. -Page 13 ~ °~ ~ i Cab door open (flashing) Compartment door open (flashing) Antilock brake warning Fasten seat belt (deactivated with parking brake release) Other indicator and warning lights (if applicable): Dii~erential locked PTO engaged Upper power Auto-slip response Retarder engaged Retarder temperature Jacks out Jacks down Other controls on main dash: Master power disconnect with ignition switch Engine start switch • Headlight switch Windshield wiper/washer switch Differential lock switch (if applicable) Dimmer switch for backlighting Parking brake control Included in steering column: Horn button Turn signal switch Hi-beam low-beam switch 4-way flasher switch Tilt-telescopic steering wheel controls Controls, gauges and indicator lights to driver's right side: Transmission shifter Air filter restriction light Pump shift control with OK TO PUMP and PUMP ENGAGED lights Heater/defroster controls Eighteen (18) illuminated rocker switches Driving compartment warning labels will include: "HEIGHT OF VEHICLE" • "OCCUPANTS MUST BE SEATED AND BELTED WHEN APPARATUS IS IN MOTION" VILLAGE OF TEQUESTA FIRE DEPT. -Page 14 r ~~ ~ i "DO NOT USE AUXILIARY BRAKING SYSTEMS ON WET OR SLIPPERY ROADS" An engine warning system will be provided. This will include a STOP ENGINE (red) light and a CHECK ENGINE (amber) light with buzzer activation on STOP ENGINE light. (Some engine configurations may also include a fluid warning light.) This system will monitor engine conditions such as low oil pressure, high engine temperature and low coolant level. There will be a master information light baz with 21 lights located across the center of the dash panel that covers up to 21 functions. These are defined under Indicators and Warning Lights above. Four (4) red 2" diameter lights aze provided in the forward cab area visible to both driver and officer. Upon releasing the apparatus pazking brake one or more of these lights will automatically illuminate if any cab door is open (flashing), compartment door is open (flashing), any ladder or equipment rack is not in stowed position, stabilizer system deployed or any other device has not been properly stowed that may cause damage if the apparatus is moved. All wiring will have XL high temperature crosslink insulation and will be 10 gauge, 12 gauge, 14 gauge and 18 gauge depending on load. All wiring will be color coded, and the function and number stamped at 3" intervals on each wire. All wiring will be covered with high temperature rated split loom for easy access to wires when trouble shooting. All electrical connectors and main connectors throughout the chassis will be treated to prevent corrosion. MASTER ELECTRICAL PANEL The chassis main breaker panel will be wired through the master disconnect solenoid and controlled with athree-position ignition rocker switch. Circuit breakers and flashers will be located at officer's right side lower interior firewall with removable cover and schematic provided with notebook holder on outside cover. Deluxe breaker panel with up to 22 ground switched relays with circuit breaker protection. The integrated electrical sub-panel interfaces to the body and chassis through an engineered harness system. 12 - 20 amp relays standard with one (1) 70 amp. relay for cab lightbaz and assemblies. 14 -Relays standard with Q2B option, heavy-duty solenoid for Q2B. Additional four relay boards with circuit breaker protection for additional loads. Maximum two boards (8 relays) per breaker panel. All relay boards setup to trip with input from switch ofpositive- negative or load manager by moving connector on board (no tools needed to do this). • All relay boards have power-on indicator light (red) switch, input indicator light (green, one per VILLAGE OF TEQUESTA FIRE DEPT. -Page 15 t ~ ~ ~ 1 switch) and power output indicator light (red, one per relay). Up to 23 additional automatic reset circuit breakers for non-switched loads that are remotely switched (ie: heater fans, hood lights, etc.). All relays and circuit breakers on relay boazds are pull-out/push-in replaceable. All circuit breakers on relay boards are 20 amp. auto reset and can be doubled or tripled for 40 or 60 amp. capacity. System includes Deutch DRC weather resistant connector at the breaker panel, toe board and main dash connections. All internal wire end terminals, including locking connectors, aze mechanically affixed to the wire ends by matching terminal crimping presses to assure the highest quality terminations. All internal splices aze ultrasonically welded connections and all internal wiring is high temperature GXL type wire that is protected by wiring duct wherever possible. + ~ All switches are ground controlled; no power going through any rocker switch. As an option, any switch controlling a relay in the breaker panel can be set to function only when the pazking brake is set. All relays will be tagged with the function that the relay is controlling. LOAD MANAGER Load managers will have the ability to sequence loads on and off. It will also be able to shed 8 loads when the vehicle is stationary, starting at l 2.7 volts lowest priority load to be shed, then respectively at 12.6, 12.4, 12.2, 12.0, 11.8, 11.4 and 11.0 volts DC. Any load that has been shed will be offfor a minimum of five minutes, then if voltage has rebounded above shed voltage, the shed load will automatically come on. There will also be an indicator panel along side the rocker switches which indicate power is on, battery warning and fast idle. Battery warning indicator will flash at a rate proportional to the voltage discharge rate. Once the voltage has dropped to a level that requires a load to be shed, the light will be steady burning. The fast idle indicator will illuminate once the voltage has dropped below 12.3 volt DC for more than one minute. The load manager will activate an output that turns on an indicator light and also will activate the high idle function if all appropriate interlocks and conditions aze met and will raise engine speed for a minimum of five minutes until voltage exceeds 13.0 volt DC. INTERIOR The cab interior will be finished in black vinyl. It will include full front and rear headliners, rear firewall, the panel behind the seats and door panels. The bottom of the door interior panels will be VILLAGE OF TEQUESTA FIRE DEPT. -Page 16 ~ ~~ r scuff resistant bright aluminum treadplate. LIGHTING CAB EXTERIOR Exterior lighting and reflectors will meet or exceed Federal Motor Vehicle Safety Standards and National Fire Protection Association requirements in effect at this time. There will be dual sealed beam halogen rectangular headlights in custom housings. Dua14" square turn signal lights will be provided, one mounted to the front in the headlight housing and one mounted to the side of the warning light housing. Side amber turn signal lights will be provided at mid-point of the vehicle. HAND HELD SPOTLIGHT One Optronics Blue Eye Model KB-4003, 400,000 candle power hand-held spot light will be provided, installed at officer's side of cab. • LIGHTING CAB IN t PRIOR Interior hghtmg will be provided inside the cab for passenger safety. Two (2) ceiling mounted clear dome lights with integral switches will be provided in the front cab over the driver's and officer's seats. The lights will also activate from the open door switch located in each cab door jamb. LIGHTING CREW CAB INTERIOR `~ Two (2) ceiling mounted clear lights with integral switches will be provided in the crew cab. The lights will also activate from the open door switch located in each cab door jamb. MIRRORS Two (2) Lang Mekra 300 Series chrome plated Aero style main and convex mirrors will be installed on each side of the vehicle. The main mirror will be 4-way manual adjustable 7" x 16" 2"d surface chromed flat class. The convex will be a 4-way manual adjustable 6" x 8" 2"d surface chromed 400 mm radius class. Each mirror housing assembly will be constructed of light weight textured chrome ABS with on truck glass and housing back cover replacement. In the event the mirror breaks the glass will be replaceable in (3) minutes or less. The glass will include a safety adhesive backing to keep broken glass in place. The mirror assembly will be supported by a "C" loop bracket constructed of polished stainless steel tube utilizing two point mounting reducing vibration ofmirror glass during normal vehicle operation. The lower section of the holder will include a spring loaded single detent • position 20 degrees forward with easy return to operating position without refocusing. VILLAGE OF TEQUESTA FIRE DEPT. -Page 17 ~ ~~ ~ SEATING The driver's seat, officer's seat and crew seats will be furnished with retractable seatbelts. Driver's and officer's belts will be 3-point type. The driver's seat will be a Bostrom high back, adjustable fore/aft. Officer's seat will be a Bostrom Tanker 450 with SCBA bracket. The crew cab will have three (3) Bostrom Tanker 450 seats with SCBA brackets. STEERING Ross heavy duty Model TAS-85 power steering will be provided. The steering gear will be bolted to the frame at the cross-member for steering linkage rigidity. Four (4) turns from lock to lock with an 18" diameter slip resistant rubber covered steering wheel. Steering column will have six-position tilt and 2" telescopic adjustment. A 40 degree cramp angle will be provided in each direction providing very tight turning ability. • SUSPENSION (Front) All spring and suspension mounting will be attached directly to frame with high strength Huck bolts and self-locking collars. Springs will be of the semi-elliptic type rated for full axle capacity. Kaiser bushings will be installed on front axle with oil seals for long life. SUSPENSION (Rear) The rear semi-elliptic springs will be 3 7-1 /4" x 3 x 81eaf with trailing arms. The trailing arms allow free movement of the axle from bump loads and deflections while holding the axle in chassis alignment. This suspension will control axle wrap-up torque caused by accelerating or braking. The trailing arms will be mounted in maintenance free rubber bushings at both ends. The left arm will be adjustable in length for maximum accuracy of chassis alignment. TIRES AND WHEELS Front tires will be Goodyeaz 315/80822.5, load range L, G286 highway tread, single tubeless type with a GAWK of 18,000 pounds. Wheels will be disc type, hub piloted, 22.5 x 9.00' 10 stud 1 l .25 bolt circle. Chrome plated lug nut caps will be provided. Front axle hub covers will be provided. • Rear axle hub covers will be provided. VILLAGE OF TEQUESTA FIRE DEPT. -Page 18 t ~r ~ Rear tires will be Goodyear 12R22.5, load range H, G159 highway tread, dual tubeless type with a GAWR of 24,000 pounds. Wheels will be disc type, hub piloted, 22.5 x 8.25 10 stud with 11.25" bolt circle. Chrome plated lug nut caps will be provided. Mud flaps will be provided for front and rear. TOW EYES (Front) There will be two chrome plated front tow eyes attached directly to the chassis frame. TOW EYES (Rear) There will be two tow eyes attached directly to the framework under the rear compartment. TRANSMISSION HD-4060P Allison World transmission, 5 speed, automatic. Shift module to be mounted to right of driver on console. Shift position indicator is to be indirectly lit for after dazk operation. A gear lock- up will be provided to hold transmission in direct drive for pump operation. The dipstick is dipped • in a bright red rubber coating for ease in checking oil level when hot. WHEELBASE The approximate wheelbase will be 215 ", WINDSHIELD WIPERS Two (2) black anodized finish two speed electric windshield wipers with pantographic (dual arm) wipe with wet arm washer system. One (1) master control works the wiper, washer and intermittent wipe feature. Washer bottle size is 4 quarts, located inside cab. MISCELLANEOUS CHASSIS EQUIPMENT Fluid capacity plate affixed below driver's seat. Chassis filter pazt number plate affixed below driver's seat. Cab occupancy capacity label affixed next to transmission shifter. NFPA compliant seat belt and standing warning plates provided. • VILLAGE OF TEQUESTA FIRE DEPT. -Page 19 r °~ ~ i FIRE PUMP HALE QMAX-150 Fire pump will be midship mounted. The fire pump will be of the double suction single stage centrifugal type, carefully designed in accordance with good modern practice. The pump will be of fine grain alloy cast iron, with a minimum tensile strength of 30,000 PSI. The pump body will be horizontally split, on a single plane, casing type with removable lower casing for easy removal of the entire impeller assembly including wear rings and beazings from beneath the pump without disturbing piping or the mounting of the pump in the chassis. All moving parts in contact with water will be of high quality bronze or stainless steel. Easily replaceable bronze labyrinth wear rings will be provided. Discharge passage will be designed to accomplish uniform pressure readings as the actual pump pressure. The rated capacity of the fire pump will be 1500 gallons per minute in accordance with NFPA# 1901. The pump shaft will be rigidly supported by three bearings for a minimum deflection. One high lead bronze sleeve bearing to be located immediately adjacent to the impeller (on side opposite the drive unit). The sleeve bearing will be lubricated by a force fed, automatic lubrication system, pressure -• balanced to exclude foreign material. The remaining bearings will be heavy duty type, deep groove ball beazings and will be splash lubricated. The pump shaft will have only one packing gland located on the inlet side of the pump. It will be of split design for ease of repacking. The packing gland must be a full circle threaded design to exert uniform pressure on the packing to prevent "cocking" and uneven packing load when it is tightened. It will be easily adjustable by hand with a rod or screw driver and requiring no special tools or wrenches. The packing rings will be of a unique combination of braided graphite filament and braided synthetic packing and have sacrificial zinc foil separators to protect the pump shaft from galvanic corrosion. PRIMING PUMP The pump will be capable of priming the pump within 30 seconds using 20 ft. of suction hose on a 10 ft. lift. The pump will be electric positive displacement type. Both pump and priming valve will be actuated by a single control on the operator's panel. PUMP TRANSFER CASE The drive unit will be designed of ample capacity for lubricating reserve and to maintain the proper operating temperature. Pump drive unit will be of sufficient size to withstand up to 16,000 lbs. ft. • torque of the engine in both road and pump operating conditions. VILLAGE OF TEQUESTA FIRE DEPT. -Page 20 ~ ~ ' 1 The gearbox drive shafts will be heat treated chrome nickel steel. Input and output shafts will be at least 2-3/4" in diameter. They will withstand the full torque of the engine in both road and pump operating conditions. The engagement of the pump transmission will be of such design so as to permit transfer of power from road to pump operation only after vehicle is completely stopped. The pump shift will be air actuated from the cab and have both a green "Pump Engaged" light, and a green "O.K.-To-Pump" light. A third green light will be provided on the pump operator's panel for "Throttle Ready". The pump drive unit will be cast and completely manufactured and tested at the pump manufacturer's factory. PUMP TESTING A National Testing pump test will be provided. PUMP PRESSURE GOVERNOR CONTROL • An electronic pressure governor will be provided which is capable of automatically maintaining a desired preset dischazge pressure. Logic for the governor system will be incorporated into the Electronic Control Module on the engine. When operating in the "pressure control" mode, the system will automatically maintain the dischazge pressure set by the operator regardless of flow, within the discharge capabilities of the pump and water supply. Engine speed will return to idle if the discharge pressure is lost for more than 5 seconds, thus offering cavitation protection. While operating in the "throttle control" mode, the system will automatically maintain the engine speed set by the operator. A preset is also available which allows a predetermined pressure or RPM to be set. The preset pressure or RPM will be displayed on the message display of the information center. In addition to providing normal throttle functions the "throttle control" mode will also be used to back up the pressure mode. The pressure signal will come from a pump mounted pressure transducer allowing direct reading of pressure without requiring water flow through the transducer or any part of the control system. An interlock will be incorporated into the governor that will allow the system to become operational only when the parking brake is set and the transmission is in drive with the midship pump engaged. The governor controls will be located at the pump operator's panel and consist of a series of indicator lights denoting system mode selection. When the operator chooses either the "pressure control" mode or the "throttle control" mode an amber light will come on indicating the system selected. A momentary switch will be used to provide an infinite setting for increasing or decreasing water pressure or engine speed. The operator's panel will also incorporate a system shut-down push button which will return the engine to idle. VILLAGE OF TEQUESTA FIRE DEPT. -Page 21 r ~~ ~ Built-in functions include engine tachometer readout, voltmeter readout, engine oil pressure readout, engine temperature readout, check-engine light and stop-engine light and buzzer, low coolant level sensor, throttle control for the engine and other key engine functions. THERMAL RELIEF VALVE There will be a Hale TRV 120 Thermal Relief Valve (TRV) supplied. The valve will automatically dump a controlled amount of water to atmosphere when the pump water exceeds 120 degrees Fahrenheit. The valve will re-set automatically. INTAKE RELIEF There will be an Elkhart Mode140 intake relief valve installed on the intake side of the pump. The surplus water will be discharged away from the pump operator and terminate with Male NST hose thread. System is field adjustable. AUXILIARY COOLER A.n auxiliary cooler will be fiunished to provide additional cooling to the engine under extreme pumping conditions. Water from the pump is to be piped to the coils of the heat exchanger allowing the engine fluid to be cooled as required. VALVES AND ADAPTERS All valves to be Akron, full flow trunnion mounted ball valves with two flanges. The seats and ball to be ofNorkalon material. Valves to have no more than three O-Rings and no O-Rings between the body and adapter flanges. Valves to have two seats to hold pressure or vacuum in either direction. Valves will be capable of swinging out of line without removing all flange bolts for easy replacement of ball and seats. Push/pull drain valves will be provided for all 2.5" and larger inlets and outlets. PUMP CONNECTIONS A.ll suction and discharge lines (except pump manifolds) 1" and larger will be heavy duty galvanized threaded pipe. Where vibration or chassis flexing may damage or loosen piping or where a coupling is necessary for servicing, a flexible connection will be furnished. A.ll lines will be drained by a master drain valve or a separate drain provided at the connection. A11 individual drain lines for discharges will be extended with a rubber hose in order to drain below the chassis frame. A.ll water carrying gauge lines will be nylon tubing. All 3" and larger valves will be the Slow-Close type. VILLAGE OF TEQUESTA FIRE DEPT. -Page 22 ~ ~~ ~ PUMP INLETS A 6" pump manifold suction inlet will be provided on each side of vehicle. They will be complete with removable stainer and long handle chrome plated cap. One 2-1/2" gated inlet valve will be provided on the right side pump panel. The valve will be supplied with chrome plate female swivel, plug, chain, and removable strainer. One 2-1/2" gated inlet valve will be provided on the left side pump panel. The valve will be supplied with chrome plate female swivel, plug, chain, and removable strainer. The booster tank will be connected to the intake side of the pump with a 1/4 turn 3" full flow valve with check valve, with the remote control located at the operator's panel. The 3" tank to pump line will run from a bottom sump into the 3"valve. To prevent damage due to chassis flexing or vibration, a short 3" flexible rubber hose coupling will be used to connect the tank to the intake valve. OUTLETS The discharge valves will be controlled from the operator's panel and will be equipped with electric `~ controlled valves. Each 2-1/2" or larger discharge outlet will be supplied with a 3/4" push/pull drain valve located at the outlet. Pump panel discharges will have chrome plated female caps and chains. All 2-1 /2" and larger discharges will be supplied with angle down elbows. There will be two (2) 2.5" gated outlets at the right side pump panel. There will be one (1)!~' gated outlet at the right side pump panel. R~.,- I ~~ There will be one (1) 3" gated outlet piped to the right rear of the hose bed. The outlet will be installed with proper clearance for spanner wrenches or adapters. Plumbing will be 3" piping and a full flow 3" ball valve with the control at the pump operator's panel. A 1-1/2" discharge with 2" plumbing will be provided at the front bumper, remote controlled at the pump panel. DELUGE RISER A 3" deluge riser will be installed above the pump in such a manner that a monitor can be mounted and used effectively. Piping will be rigidly braced. The riser will be gated and controlled from the pump operators panel. U VILLAGE OF TEQUESTA FIRE DEPT. -Page 23 ~ ~~ ~ i SPEEDLAYS Two (2) speedlays will be provided in the body next to the pump module, each equipped with a roll out tray and accessible from both sides of the apparatus. The piping and valves will be 2 ", the swivel will be 1-112". The valves will be the "drop-out" style, push/pull controlled from the pump panel. Each compartment will hold 200 ft. of 1-3/4" double jacket hose. TANK FILL A 1-1/2" tank fill will be provided, using a quarter turn full flow ball valve controlled from the pump operator's panel. FOAM TANK There will be a 40 gallon foam tank. The tank will be part of the main booster tank. There will be a 3" PVC fill tower and cap and a tank vent. There will be a 1-1/2" flanged outlet and drain valve at the lowest point in the tank. Line from tank to left side and right side pump panels with quick connect coupling and valve. TOP MOUNT/SIDE MOUNT CON t tcOL PANEL The pump controls and gauges shall be located at the left side of the apparatus immediately behind the body flex joint. The pump and gauge panel shall be constructed of stainless steel for maximum protection against abrasion caused during normal use. The entire panel shall be easily removable for access to the pump during major pump maintenance. The controls shall be located aft of the crosslay/speedlay module and forward of the body, on the upper portion of the left side body, on the upper portion of the left side of the pump module. A suction enclosure with a deck shall provide the pump operator's platform. Access to this deck shall be from the running board behind the left side of the cab. The 6" suction shall be accessed through ,a door provided on_the side of the e_n_closure. Two (2) other doors shall provide access to storage areas under~the operator's deck. The right side panel shall be full height type. The lower half will contain all suction and discharges, while the upper half will be vertically hinged, provided a large pump access door. This hinged access will be a minimum of 35" wide x 20" tall and will be hinged on the forward side. All discharges shall have Akron electrically controlled valves. • A hooded lightbar shall be provided for each side pump panel. VILLAGE OF TEQUESTA FIRE DEPT. -Page 24 ~ ~~ ~ An additional light shall be located inside the pump enclosure to illuminate pump plumbing. It shall have a switch located on the outside panel next to the access door. PUMP AND GAUGE PANELS The pump controls and gauges will be located at the top/left side of the apparatus and properly marked. Pump panels on both side will be easily removable. The gauge and control panels will be two separate panels for ease of maintenance. The pump panel suction and discharge valves will have color coded removable escutcheon plates. These plates are designed for easy access for valve repair when needed. The color coded feature also readily coordinates the valve to the proper handle. EXTENDED PUMP MODULE The pump module will be extended to provide room ahead of the pump panel to install the crosslay beds in a low position so they may be reached while standing on the ground. PUMP PANEL GAUGES AND CONTROLS • The followin au es and controls will be rovided at the um anel: gg g P P PP Two (2) certified laboratory test gauge outlets. Pump primer control. Master drain control and additional drains as needed. Tank fill and pump cooler valve controls. Tank to pump valve control. Pump capacity rating plate. Electronic pressure governor including the following: Engine RPM display. Engine oil pressure display and alarm. Engine temperature display and alarm. Check engine display and alarm. Stop engine display and alarm. Low coolant level sensor. Throttle control. Pump hour meter. "OK TO PUMP" light. System voltage display and alarm. All discharge controls. • Two (2) master pump gauges. Gauges on all 1-1/2" and larger discharge lines. VILLAGE OF TEQUESTA FIRE DEPT. -Page 25 ~ t~ ~ r Stainless steel color coded escutcheon plates over suction and discharge valves for easy service. Color of control handle to match corresponding escutcheon plate. PRESSUI2.F GAUGES NoShok liquid filled pump pressure and vacuum gauges will be provided. The gauges will be 4" in diameter with white faces and black lettering. The gauges will have a pressure range of 30"-0-400 psi. NoShok liquid filled individual line pressure gauges will be provided. The gauges will be 2-1/2" in diameter with white faces and black lettering. The gauges will have a pressure range of 0-400 psi. TANK GAUGE There will be a MC Twin level gauge. The gauge will have a sensor in the booster tank as well as the foam tank. The gauge will be supplied with replaceable stainless steel level sensors. MC Twin level gauge for booster tank and foam tank mounted on the right side pump panel. CHASSIS SUB-FRAME The chassis will be fitted with asub-frame system to give broad support to the pump and body modules as well as the running boards and reaz step. The sub-frame system will consist of eight (8) .25" steel plate gusset legs extending down and out from the chassis rails each side to carry the running boards and side compartments and a heavy duty rear platform to support the rear compartments. This rear platform will be constructed of 0.25" steel formed into 5" main channels and 5" to 2"tapered side legs for broad support of the reaz compartments and rear step. The rear tow eyes will be an integral part of the rear platform frame extension. APPARATUS BODY The body will be constructed of 3/16" #5052 aluminum sheet, #3003 bright aluminum diamond plate and structural aluminum extrusions. The entire body will be of the modular aluminum design to allow for proper flexing of the truck chassis. A special insulator material will be used where aluminum and steel are in contact. The body will be custom built and engineered for proper load distribution on the chassis. The body compartments will be designed as separate units using 3003H 14.125" aluminum treadbrite for the walls and 3/16" 5052H33 for the smooth ceilings and floors. Compartment panels will be sealed by continuous 5356 fill welding. The exterior compartment corners will be formed by a frame of custom-designed aluminum alloy VILLAGE OF TEQUESTA FIRE DEPT. -Page 26 ~ ~~ ~ 1 (6061-T6) extrusions. These hollow sections will incorporate 1" x 1-3/4" recessed continuous door seals. The extrusions will be designed to allow unobstructed, sweep-out floors in all compartments. The compartment extrusions will be slotted full-length on the rear for uniform fitting of all compartment modules. The front, top, and rear surfaces of said compartments will be covered with aluminum .125" treadplate. The compartment tops will extend downward over the extrusions and form a drip molding. To eliminate "dead space" and to maximize compartment interior space, there will be no more than 1/4" between outer and inner walls. The compartment assemblies are to be fastened to the sub-frame with mechanical Huck-type bolts. The apparatus body and pump enclosure will be separate modules that are not fastened together in any manner. This will help prevent any cracking of body or pump enclosure. At the gap of this "flex joint", a 2" x 1/4" 60 durometer high gloss rubber strip will be installed. BODY COMPARTMENTS All compartments will be designed to utilize available space. Compartments will be designed as to prevent seams across inside ceilings. The top side compartments will be covered with aluminum . ~ treadplate, flanged down at the edges to form a full length drip molding and up the body side panels to form kick plates. ~` ~ Each compartment is to be vented. Each compartment will have a 5" light in the compartment and ~ there will betell-tale door open light in the cab. a ~ ROLL-UP COMPARTMENT DOORS ~ ` Robinson roll-up doors to be supplied. Robinson door slats v~-ill be double wall box frame and ~. ~ ' manufac d from 1 on each slat. tune anodized alumuzum s ats. The slats will have mterlockmg end shoes The slats will have interlocking joints with aPVC/vinyl inner seal to prevent any metal to metal contact and inhibit moisture and dust penetration. The track will be anodized aluminum with a finishing flange incorporated to provide a finished look around the perimeter of the door without additional trim or caulking. The track will have a replaceable side seal to prevent water and dust from entering the compartment. The doors will be counterbalanced for ease in operation. A full width latch bar will be operable with one hand, even with heavy gloves. Securing method will be a positive latch device. A magnetic type switch integral to the door will he supplied for door ajaz indication and compartment light activation. REAR STEP COMPARTMENTAI'ION There will be a compartment provided at the rear step. The compartment will be approximately 40" VILLAGE OF TEQUESTA FIRE DEPT. -Page 27 L~ wide x 47" high x 30.5" deep inside. The compartment will be provided with aroll-up door. The opening will be approximately 37.5" wide x 38" high. COMPARTMENTATION LEFT SIDE A double door compartment, ahead of the rear wheels approximately 56.5" wide x 60" high x 27.25" deep. A double door compartment, behind the rear wheels approximately 56.5" wide x 60" high x 27.25". A compartment with roll up door above rear wheel. The approximate size 61.5" wide x 30.5" high x 27.25" deep inside. _ COMPARTMENTATION RIGHT SIDE A double door compartment, ahead ofthe rear wheels approximately 56.5" wide x 60" high x 27.25" deep. A double door compartment, behind the rear wheels approximately 56.5" wide x 60" high x 27.25". ~~ A compartment with lift up door above rear wheel. The approximate size 6l .5 wide x 30.5 high x 27.25" deep. SHELVES AND DRAWERS There will be five (5) adjustable shelves installed in the compartments. An extra compartment light will be provided under shelves, as needed, to illuminate the lower portion of the compartment. There will be two (2) adjustable vertical slide-out tool boards, mounted on unistrut tracks, installed in a compartment. An extra compartment light will be provided above vertical slide-out panels, as needed, to illuminate the other side of the compartment. The exact location of the shelves and vertical tool boards will be determined at a pre construction meeting. There will be one (1) roll out drawer installed in the rear compartment and one (1) in the right rear compartment. The drawer will be approximately 6" deep. FIXED ROLL-OUT DRAWER There will be a 250 Ib. capacity non-adjustable roll-out drawer installed in a compartment. The drawer will be approximately 6" deep and will be mounted on adjustable tracks. Extra compartment VILLAGE OF TEQUESTA FIRE DEPT. -Page 28 t ~~ r _ lights will be provided under the drawer, as needed, to illuminate the lower portion of the compartment. Located in the right rear compt. HOSE BED The hose bed will be provided with aluminum slatted flooring radiused at the edges to prevent hose damage from sharp edges. Each hose bed floor section will be removable for easy access to the water tank. There will be a black nylon/vinyl hose bed cover for the main hose bed. The cover will be securely fastened at the front and will have shock cord type hold downs or snaps on the sides. The rear flap will be weighted. The hose bed will be divided by two (2) 3/16" aluminum partitions that is fully adjustable by sliding in tracks located at the front and rear of the hose bed. The divider will be located as needed. HANDRAILS AND STEPS • Polished aluminum 1-1/4" diameter handrails with sli resistant rubber inserts will be rovided as P P follows (these are in addition to those previously mentioned in the chassis section): There will be two (2) full height vertical handrails at rear of apparatus and one (1) horizontal handrail below the hosebed. There will be two (2) horizontal handrails above the pump panel, one (1) on each side as large as possible. There will be up to three (3) fold-down steps on each side of the front face of side compartments as required per N.F.P.A. There will be up to three (3) cast steps at each side of the rear area as required per N.F.P.A. The rear step will only be 12" deep. RUB RAILS The body will be equipped with heavy stainless steel channel style rub rails at the sides. Rub rails will be placed away from the body by 1/2" polymer spacers. The rub rails will be polished to a bright • finish. VILLAGE OF TEQUESTA FIRE DEPT. -Page 29 ~ +~ ~ ALUMINUM TREADPLATE All load bearing aluminum treadplate running boards will be .155 thick bright annealed finish. Running boards and rear step edges will be flanged down for added strength. Running boards will also be flanged up to form kickplates. All non-load bearing aluminum will be .125" thick bright annealed finish. In areas where aluminum treadplate will function as a load bearing surface, there will be a heavy steel sub-structure. This structure will consist of 3" channel and 1-1/2" angle welded support. This will assure that there will be no flexing or cracking of running boards. The aluminum will be insulated from the steel by closed cell foam body barrier material. Treadplate locations: Skirting around front bumper. 2. The step at the cab entrance. 3. The jump seat steps. 4. The body header. 5. The running boards. 6. The rear step. 7. The top of the compartments. ;• S. The rear of the apparatus. 9. The rear fenders. BOOSTER TANK The booster tank capacity will be 1000 gallons. The tank will be built to rigid standards to meet the requirements and performance of the unit in which it is to be installed. The tank will have a freeze resistance sump which will allow water to betaken from the tank rapidly without attracting air. There will be a 3" clean-out in sump. The tank will be a Pol-e gold (F.R.P.), fiber reinforced plastic, seamless, molded tank constructed by Custom Fiberglass Products. Tank will be F.R.P. molded construction, comprised offiber strand and woven fiber matting, molded together by wax free pure pol-e resin and rest on neoprene cushions. The cushions will be placed on 3"tubular cross members which comprise the initial body frame work. The tank will be held in place by corner stops. There are to be no bolts or welds securing the tank to the body or frame. A 12" x 6" fill tower, will be located at the left front corner of the tank with a screen and hinged cover that will be labeled "water tank". A 1"vent that will eliminate trapped air will extend from rear of tank to fill tower. The tank will have transverse baffles dividing the tank into compartments to meet N.F.P.A. Pamphlet 1901 requirements. A 4" tank over flow will be provided to divert water behind the rear wheels. • Vil_I.AGE OF TEQUESTA FIRE DEPT. -Page 30 f ~+ ~ 1 r ~ ~ ~ ~ 32..f! ,sL j1.- ~" p ~rpc, ~~~,~~J. ELECTRICAL EQUIPMENT ~ ~r~- All electrical equipment will be installed to conform to modem automotive practices. All wiring will be number, function and color coded. The wiring will be run in durable protective loom or conduit where exposed; grommets will be provided where the wiring passes through a metal plate. All wiring will be protected by automatic reset circuit breakers and will meet standards as set forth by the Society of Automotive Engineers. The main wiring connections are quarter turn water tight type connectors. All electrical light switches will be mounted in a removable cab instrument panel. A master switch ,and individual switches will be provided to allow for pre-selection of lights. The light switches are rocker type with integral indicator light to show when the switch is activated. All switches will be easily accessible and clearly identified for day and night operation. ICC lights will be provided to meet D.O.T. requirements. TAIL/STOP/TURN LIGHTS The rear taiUstop, directional (turn amber arrow), and backup lights will be Weldon 3 784 Series 10.5" high x 8.5" wide rectangular tricluster lights mounted on the rear body panels. The tricluster lights will be mounted ui pohshed aluminum housings. A backup alarm, actuated by backup light circuit, will be provided. STEP LIGHTS Step lights will be provided, one each side on the front compartment face at pump panels. Each step at the rear of the apparatus will have a step light to illuminate the tailboard. GROUND LIGHTING The apparatus will be equipped with lighting capable of illumination to meet NFPA requirements. Lighting will be provided at areas under the driver and crew riding area exits and will be automatically activated when the exit doors are opened. Lighting required in other areas such as work areas, steps and wallcways will be activated when the parking brake is applied, provided the ICC lights are on. WORK LIGHTS There will be two (2) Unity brand AG 6" chrome plated sealed beam flood lights provided. The lights will be securely mounted at the upper rear of the apparatus body. Each light will be supplied with individual switches. VILLAGE OF TEQUESTA FIRE DEPT. -Page 31 r ~+' 1 OPTICAL WARNING SYSTEM The optical warning system will be capable of two separate signaling modes during emergency operations. One mode will signal to drivers and pedestrians that the apparatus is responding to an emergency and is calling for the right-of--way and the other mode will signal that the apparatus is stopped and is blocking the right-of--way. Switching will be provided that senses the position of the parking brake. A master optical warning device switch will be provided to energize all of the optical warning devices provided. All lights will operate at not less than the minimum flash rate per minute as specified by NFPA. UPPER LEVEL WARNING DEVICES The upper level is divided into zones A, B, C and D and the approved lighting package to be provided will be as follows: Zone A (front) will have one (1) Code 3 #5400AL, XL, 74" lightbaz with two (2) l OOw fast rotators • outboard, two (2) Oscilasers center sections, two (2) flat mirrors outboard and two (2) V Horrors, red lenses with clear over oscilasers, mounted on cab roof. The oscilasers are in addition to the muvmum NFPA warning system and will be wired through a load shedding device. Zone B (right side) will be covered by the rotator on the lightbaz and the right rear stanchion beacon. Zone C (rear) will have two (2) Code 3 #SSOF rotating beacons, one (1) red lens, one (1) amber lens, mounted on reaz stanchions. Zone D (left side) will be covered by the rotator on the lightbaz and the left reaz stanchion beacon. LOWER LEVEL WARNING DEVICES The lower level is divided into zones A, B, C and D and the approved lighting package to be provided will be as follows: Zone A (front) will have a stainless steel warning light housing each side with two (2) Code 3 OL 135 Oscilasers with red lens mounted in the front of each housing. The inboard pair of lights are in addition to the minimum NFPA warning system and will be wired through a load shedding device. Zone B (right side) will have three (3) Code 3 #40 7" x 3" strobe perimeter lights with red/amber split lens mounted one on the end of the headlight housing, one at the middle of the apparatus and one on • the body side at rear of apparatus. VILLAGE OF TEQUESTA FIRE DEPT. -Page 32 ~ ~~ ~ _ Zone C (rear) will have two (2) Code 3 #40 7" x 3" strobe perimeter lights with redlamber split lens mounted one each side of the rear of the apparatus. Zone D (left side) will have three (3) Code 3 #40 7" x 3" strobe perimeter lights with red/amber split lens mounted one on the end ofthe headlight housing, one at the middle ofthe apparatus and one on the body side at rear of apparatus. Strobe lights will be provided with power supplies. REAR ARROW LIGHT One (l) Public Safety Equipment (Code 3) model AS 10 "Arrowstik" will be flush mounted at rear of the apparatus. The four function solid state control head will be installed in the cab. The ten amber light unit will- feature arrow left, arrow right, center out and alternating flash. SIREN One (1) Public Safety Equipment (Code 3) Mode13672 V-Con electronic siren will be installed at the cab instrmunent panel complete with noise canceling microphone. The siren will be actuated by the • horn button in the steering wheel, a switch on right hand side of cab floor and the control on the siren head. A selector switch will be provided on the instrument panel for control of horn or siren by steering wheel button. SIREN SPEAKER One Cast Products SH4020 weatherproof siren speaker will be provided, mounted behind the bumper. FEDERAL 02B SIREN There will be a Federal Q2B-NN siren installed in the center of the cab grille. The siren will be securely mounted and activated by means of a solenoid and will include a brake. A siren foot switch will be provided for both the driver and officer, one on each side of the cab floor. GENERATOR AND RELATED EQUIPMENT A Smart Power Bobcat M-6 hydraulic generator will be installed. The rated output will be 6.0 KW. The generator will be powered by a PTO drive on the truck transmission and will be activated by a hot shift PTO switch on the cab dash. A circuit breaker box with eight (8) standard breakers will be provided. All wiring wil! be installed VILLAGE OF TEQUESTA FIRE DEPT. -Page 33 r '~ ~ 1 in liquid tite conduit. Three (3) 120 volt outlets with weath:,~y~oof covers will be provided. All 120 volt wiring will be installed in liquid tite conduit. One (1) located inside the cab and wired to to Kussmel Auto Eject for the chargers. Two (2) Kwik-Raze Mode1325-5 Alpha 2000, 500 watt,120 volt telescoping floodlight, with switch on light, will be provided. SUCTION HOSE AND STRAINER Two (2) 10 ft. lengths of fire department hard suction hose with lightweight long handle couplings and rocker lug male couplings will be provided. Hose will be mounted in V-shaped troughs and held in position by two heavy duty quick release locking straps. Aluminum treadplate scuff plates will be provided on the body side metal where the long handle couplings would otherwise hit the body sides. ,. A strainer especially designed for fire department service will be provided. The strainer area equals four and one-half times the area of the hose. LADDER EQUIPMENT One (1)Duo-Safety Series 900A 24 ft. two-section aluminum fire department type extension ladder and one (1) Duo-Safety Series 775A 14 ft. roof ladder will be provided. There will be a 10 ft. series 585A folding attic ladder with mounting. One (1) 8 foot Duo-Safety fiberglass pike pole will be provided and mounted. One (1) 10 foot Duo-Safety fiberglass pike pole will be provided and mounted. One (1) 12 foot Duo-Safety fiberglass pike pole will be provided and mounted. The pike poles will be recessed in a three-pole capacity compartment in the body. ZIAMATIC OUIC-LIr ~ LADDER RACK The ground ladders will be mounted on a Ziamatic electric ladder rack system so that they may be automatically lowered to a convenient height for safe and easy removal. The rack will be made of high strength lightweight cast aluminum and be powered by two high cycle electric actuators and will be self-locking in any position. The rack will be capable of lowering the ladders approximately 31" VILLAGE OF TEQUESTA FIRE DEPT. -Page 34 t~ ' ~ 1 • _ from their stored position. PAINTING All exposed metal surfaces not chrome plated, polished stainless steel or bright aluminum tread plate will be thoroughly cleaned and prepared for painting. All irregularities in painted surfaces will be rubbed down and all seams will be caulked before the application of the finish coat. All removable items such as brackets, compartment doors, door hinges, trim, etc. will be removed and painted sepazately to insure finish paint behind all mounted items. Body assemblies that cannot be finish painted after assembly will be finish painted before assembly. Both alununum and steel surfaces to be painted will be primed with a two (2) component primer which is compatible with the finish coat. The apparatus will be finish painted with Dupont Imron 6000 series Base/Clear system. A barrier gasket/washer of "High Density Closed Cell Urethane Foam" will be used behind all lights, handrails, door hardware and any miscellaneous items such as stainless steel snaps, hooks, washers and acorn nuts. The gaskets/washers will be coated with pressure sensitive acrylic adhesive. All screws used to penetrate painted surfaces will bepre-treated/coated under the head with nylon and the treads will have pre-coat #80. This procedure will be strictly adhered to for corrosion prevention and damage to the finish painted surfaces. The following paint process will be utilized: Surface Preparation: 1. Wash surface thoroughly with mild detergent. 2. Clean and de-grease with Prep-So13812S. 3. Sand and feather edge using 400 grit or finer on a dual action sander. 4. Remove sanding dust with enamel cleaner 3939S. Substrate treatment: 1. Use Metal Conditioner 2026S followed with Conversion Coating 57185. Priming: 1. Use Variprime 615S pretreatment. 2. Use Uro prime 373P20872 applied to achieve a 1.5 mil dft minimum. 3. Use Prime N Sea12600 series sealer. Color Coat: Apply Dupont Imron 6000 I-2 mil dft minimum. • VILLAGE OF TEQUESTA FIRE DEPT. -Page 35 t ~~ ~ 1 Clear coat: 1. Apply clear coat 34805 2 mil dft minimum. PAINT-TWO TONE CAB The cab exterior surfaces will be two (2) colors white over lime yellow. The paint break line will be at the bottom of the windshield. Ziebart, or equal, undercoating will be applied to visible surfaces on the underside of the truck body and chassis to help reduce noise in the cab caused by tires, stones, sand and water spray. This thick, super-tough coating, being highly abrasion-resistant does not wear aff. It also protects underbody components from moisture, mud and salt. LE t i ,RING Up to sixty (60) 3" "Smart Gold" letters, with left hand shading and right hand outline to equal 3-5/8" letter, will be provided. STRIPING • A 6" Scotchlite stripe will be provided across the front of the cab and along each side of the appazatus. An additional 1 " Scotchlite stripe will be provided. A 1/2" Smartgold stripe will be provided on each side of the apparatus. MISCELLANEOUS EQUIPMENT Fi1RNISHED 1 pt. touch-up paint One (1) fiberglass flat head 6 pound axe with chrome mounting hardware will be provided. One (1) fiberglass pick head 6 pound axe with chrome mounting hardware will be provided. OPERATION AND SERVICE MANUALS Two (2) complete "Operation and Service" manuals will be supplied at time of delivery. Service manual instructions will include service, maintenance and troubleshooting for major and minor components of the truck. The apparatus manufacturer will supply part numbers for major • components (i.e. Detroit Diesel, Rockwell, Spicer, Allison, etc.). A table of contents, hydraulic, air brake and overall apparatus wiring schematics will be included. VILLAGE OF TEQUESTA FIRE DEPT. -Page 36 d ~~ ~ A video training tape on the operation of the truck will be supplied at time of delivery. WARRANTIES The following warranties will be supplied: 1. The apparatus warranted to be free from mechanical defects in workmanship for a period of one (1) year. The appazatus will be covered for parts and labor costs associated with repairs for a period one (1) year. 2. Life-time warranty on the frame. 3. Seven (7) year warranty on paint. 4. Ten (10) body structural warranty 5. Seven (7) year cab structural warranty 6. Ten (10) year warranty on Ziebart undercoating. 7. Manufactures Warranties for all major components. DELIVERY Unless otherwise specified, your Sutphen custom built fire apparatus will be driven from our facilities ,,~ to your community by a factory trained engineer who will thoroughly train firefighters in complete apparatus operation and maintenance. LOCATION The Sutphen facilities aze located at 7000 Columbus-Marysville Road, just two miles west of Dublin, Ohio, on State Route 33. (A Columbus, Ohio, suburb). We maintain a complete stock of parts, and service is available around the clock. We also propose to maintain parts and service for a minimum period of twenty {20) years on each apparatus which is manufactured by the Sutphen Corporation. NOTATION To further assure the customer of our ability to manufacture quality fire apparatus, we are proud to state that the Sutphen Corporation is a family owned and operated firm that has been in continuous business since 1890 producing quality apparatus. • VILLAGE OF TEQUESTA FIRE DEPT. -Page 37 r r~' ADDENDUM JAN. 21' 2002 The following is an addendum to our Proposal Specifications dated September 27, 2001. Please attach the following Specification changes to our Proposal. We will extend the prices quoted until Feb. 22, 2002. Page 9 BUMPER There will be a 12" high 2 rib stainless steel wrap-around bumper with aluminum treadplate skirt between bumper and cab and reinforced with 1/4" x 10" x 70" steel plate. There will be a reinforced plate attached to four-sided boxed lower frame rail extension for superior safety protection. The bumper extension will be approximately 14". • Page 11 FRAME 3/8" thick formed channel 10-1/8" x 3 1/2" flange with a section modulus of 58.85 in. cubed. RBM will be 2,943,000 in./lbs. There will be a full frame inner liner 3/8" thick. There will be six (6) crossmembers, minimum 3/8" thick. Formed channels have formed gusseted ends at the frame rail attachment. 5/8" grade 8 flange Huck bolt fasteners will be used on all p~,~...anently attached brackets to the frame to eliminate the need for bolt re- torquing. The frame will be painted glossy black prior to installing wiring harness and other components. A lifetime warranty will be provided by the manufacturer. Page 17 LIGHTING CAB INTERIOR Interior lighting will be provided inside the cab for passenger safety. Two (2) ceiling mounted clear dome lights with integral switches will be provided in the front cab over the driver's and officer's seats. The lights will also activate from the open door switch located • in each cab door jamb. There will be two (2) red cab interior lights with integral switches, one located above the officer's seat and one located above the driver's seat. r ~~ , MAP LIGHT There will be a "goose neck" map light on the officer's side of the cab dash. LIGHTING CREW CAB INTERIOR Two (2) ceiling mounted clear lights with integral switches will be provided in the crew cab. The lights will also activate from the open door switch located in each cab door jamb. There will be two (2) red crew cab interior lights with integral switches, equally spaced in the cab ceiling. Page 19 WHEELBASE The approximate wheelbase will be 230". ,`. Page 23 OUTLETS The discharge valves will be controlled from the operator's panel and will be equipped with swing type locking handles. Each 2-1/2" or larger discharge outlet will be supplied with a 3/4" push/pull drain valve located at the outlet. Pump panel discharges will have chrome plated female caps and chains. A112-1/2" and larger discharges will be supplied with angle down elbows. There will be two (2) 2-1/2" gated outlets at the left side pump panel. There will be one (1) 2-1 /2" gated outlet at the right side pump panel. There will be one (1) 3" gated outlet to the forward right side pump panel. There will be one (1) 2-1 /2" gated outlet piped to the left rear of the hose bed. The outlet will be installed with proper clearance for spanner wrenches or adapters. Plumbing will be 2-1 /2" piping and a full flow 2-1 /2" ball valve with the control at the pump operator's • panel. There will be one (1) 2-1/2" gated outlet piped to the right rear of the hose bed. The outlet ~ ~~ i _ will be installed with proper clearance for spanner wrenches or adapters. Plumbing will be 2-1/2" piping and a full flow 2-1/2" ball valve with the control at the pump operator's panel. There will be one (1) 1-1/2" discharge with 2" plumbing will be provided at the front bumper, remote controlled at the pump panel. Page 24 SPEEDLAYS Two (2) speedlays will be provided under the top mount console. The piping and valves will be 2", the swivel will be 1-1 /2". The valves will be the "drop-out" style, push/pull controlled from the pump panel. Each compartment will hold 200 ft. of 1-3/4" double jacket hose. Both beds will be of the same dimension. Removable aluminum flooring will be provided in the speedlays. Page 24 PUMP OPERATOR'S TOP MOUNT CONTROL PANEL The top mount control panel will be built into the front of the body and designed to provide all around visibility for the pump operator. The panels will be constructed of black vinyl covered aluminum for maximum protection against abrasion caused during normal use. A 23" wide walkway will be provided behind the cab, and be accessible from both sides of the apparatus. The back exterior wall of cab will be covered with diamondplate for maximum protection against abrasion caused during normal use. The top mount panel will have Class One slide lock controls. The pump and top mount panel will be located to allow, whenever possible, straight control rods from control handle to valve to give smooth positive action. Access doors will be provided on each side of the body to allow entrance into the pump area. • All controls will be placed in the most efficient manner possible, with the discharge gauges above the corresponding handles. P ~+ ~ A full-width lightbar will be provided over the panel, hinged for quick access to the gauges. The pump panel controls and gauges will be illuminated by a minimum of two (2) incandescent lights installed under a stainless steel cover. A light will be provided for the opposite side pump panel. Page 25 EXTENDED PUMP MODULE DELETE this item. Page 36 MISCELLANEOUS EQUIPMENT FURNISHED • 1 pt. touch-up paint Provide and install Radio Antenna Base Model MATM with 17' of cable. One (1) fiberglass flat head 6 pound axe with chrome mounting hardware will be provided. One (1) fiberglass pick head 6 pound axe with chrome mounting hardware will be provided. • • • ~ • V .r A a Y _ ~~ 1 Z "\ J oC ~ \~ 17 O _. •. ~ ~~ +. 0's N ! _ ~ r l 4 p _ '' ,-,•. . ;,` v ':`': 00 ~---- ~ ~ ~?.. i ~ , ~ "`C"'' ~ ~ ~ .,~ ~_ fA • T_ J •~ ~ t ~ ~ ~ ~ ' ` i p ,__. .. ~ ~ ~ ~' ~" 7 F ~ t sy ~ _.. _ ~ ___ i ~ ~ ~ ~ -- f ~ 'i i _; - ~I ~. . .~ ~ ~~.~ ~: :. ,- . .~ _, .- ~: ~. :: ~. n, O ~ R~ s O i w s ~ ~ ; :; • . i ._.e .: ~V ~, ~•i ~ ~ A 1" ~` O .. D 0 r 0 ~" ~ ~ _ a Fire Department Twenty Five Debt Service Pfan_ _ Sutphen Sutphen Ford Ford Chevrolet Chevrolet Ford Sutphen TOTAL Pumper Aerial Truck Ambulance Ambulance Utility Veh. Chiefs Veh. Asst. Chief Pumper DEBT 167,035.00 466,140.00 86,091.00 86,091.00 30,000.00 30,000.00 $30,605.37 305,000.00 SERVICE i' Paid Cash ~ ,~. )94/95 495/96 )96/97 )97/98 )98/99 )99/00 )DO/01 )01/02 )02/03 )03/04 104/05 )05/06 )06/07 )07/08 )08/09 )09/10 )10111 )11/12 )12/13 40,000.00 )13114 40,000.00 )14/15 40,000.00 )15/16 40,000.00 )16/17 40,000.00 )17/18 40,000.00 -1y,' ~ 40,000.00 Paid Cash 0.00 56,660.00 Paid Cash 56,660.00 56,660.00 56,660.00 56,660.00 56,660.00 56,660.00 56,660.00 56,660.00 16,050.00 16,050.00 88,760.00 56,660.00 16,050.00 16,050.00 88,760.00 56,660.00 16,050.00 16,050.00 $10,172.33 98,932.33 56,660.00 16,050.00 16,050.00 $10,172.33 98,932.33 56,660.00 16,050.00 16,050.00 $10,172.33 Paid Cash 98,932.33 56,660.00 16,050.00 16,050.00 11,000.00 40,000.00 139,760.00 56,660.00 16,050.00 16,050.00 11,000.00 40,000.00 139,760.00 20,000.00 11,000.00 40,000.00 71,000.00 20,000.00 40,000.00 60,000.00 20,000.00 40,000.00 60,000.00 20,000.00 11,000.00 40,000.00 71,000.00 20,000.00 20,000.00 11,000.00 40,000.00 91,000.00 20,000.00 20,000.00 11,000.00 11,000.00 40,000.00 102,000.00 20,000.00 20,000.00 11.000.00 11,000.00 40,000.00 102,000.00 20,000.00 11.000.00 000.00 11,000.00 40, 82,000.00 20,000.00 20,000.00 11,000.00 _ 91,000.00 20.000.00 20.000.00 80,000.00 20,000.00 20.000.00 80,000.00 20,000.00 11,000.00 71,000.00 20,000.00 20.000.00 11,000.00 91,000.00 20,000.00 20.000.00 11,000.00 11,000.00 102,000.00 20,000.00 20.000.00 11.000.00 11.000.00 102,000.00 mper (ten years front line/ ten years reserve) mper ften years front fine/ ten years reserve) atom Aerial Platform ~bulance (four years front line/ four years reserve) ~bulance (four years front line/ four years reserve) lily Vehicle ~mmand Vehicle ~mmand Vehicle Life span Need Rep. 20 veers 2002/03 20 veers 2012/13 25 Years 2018/19 8 Years 2004/05 8 Years 2007/08 8 Years 2007/08 8 Years 2010/11 8 Years 2011/12 • + +~ SUTPHEH' CORPORATION STANDARD VEHICLE WARRANTY SUTPHEN CORPORATION (Sutphen) warrants to the original purchaser of a Sutphen vehicle, that it will provide for repairs to the Sutphen vehicle during the warranty period, in accordance with the following items, conditions, limitations and exclusions. 1. --What is covered except as otherwise stated below: Sutphen shall provide repair or replacement, at the sole option of Sutphen, of any part of a Sutphen vehicle in which a defect in materials or workmanship appears under normal use, maintenance or service. 2. --Warranty period: This limited warranty is in effect for a period of twelve (12) months or 24,000 miles, whichever comes first. The warranty period will begin on the date the vehicle is delivered to the original purchaser. This limited warranty is void if the odometer has been disconnected, its reading has been altered, or true and accurate mileage cannot be otherwise determined by Sutphen. 3. --Other warranties:. The manufacturers of other equipment and components, installed on the vehicle, including but not limited to engine, transmission, axles, pumps and signaling devices and ather installed equipment, may provide their own warranties. These warranties are separate from the Sutphen Limited Warranty and shall constitute the sole and exclusive warranty for those specific covered components. Sutphen shall have no duty or obligation to repair or replace such components. Please review each manufacturer's warranty for descriptions and details of their respective warranty. 4. --Purchaser responsibilities: Normal maintenance such as those detailed in the Sutphen Operation and Maintenance Manuals are the responsibility of the purchaser. Failure to comply with such maintenance voids this limited warranty. 5. --What is not covered: This limited warranty covers only repair or replacement of any part of a Sutphen vehicle in which a defect in materials or workmanship appears within the limited warranty period. Examples of items not covered include, but and not limited to: A. Major components or trade accessories such as purchased chassis, engines, signaling devices, batteries, tires, transmission or generator that have a separate warranty by the original manufacturer, or equipment used in fire fighting. B. Unauthorized alteration or modification to the vehicle, including the body, chassis or components, after completion of the vehicle assembly by Sutphen and any problems that occur as a result of such alterations or modifications. C. Damage caused by collision, fire, theft, freezing, vandalism, riot, explosion, acts of God, war or objects striking the vehicle or any damage covered by owner insurance. D. Damage caused by misuse or improper operation of the vehicle such as driving over curbs, overloading, racing or off-road use. E. Damage caused by failure to follow the requirements of the maintenance schedule, failure to maintain proper fluid and lubricant levels and failure to follow operating instructions. F. Normal maintenance such as lubrication, filter replacement, fluid replacement, belts, hoses, clutch, brake linings, brake drums, or disc brake rotors and electric accessories, etc. G. Batteries, tires, light bulbs. H. Towing charges and storage expenses. I. Incidental expenses such as loss of vehicle use, inconvenience, loss of time, vehicle rental, lodging or travel costs, vacation pay, etc. J. Discharge and compound gauges from freezing. K. Leaking seals on discharge and suction valves. L. Damage caused from exposure to road de-icing compounds or use in an acidic environment. M. Hydraulic failures caused by incorrect or contaminated oil. continued r '+ SUTPHEN° CORPORATION TEN (10) YEARS CAB STRUCTURAL INTEGRITY WARRANTY SUTPIIEN CORPORATION (Sutphen) warrants the cab of each newcustom fire and rescue vehicle manufactured by Sutphen to be free of structural failures caused by defective design or workmanship for a warranty period often (10) years after the date on which the vehicle is first delivered to the original purchaser or 100,000 miles, whichever occurs first. This warranty is limited to the cab tubular support and mounting structures and to the other structural components. Sutphen s obligation under this warranty is limited to repairing or replacing, as Sutphen may elect, without charge to the original purchaser, the structural component or components which Sutphen, after examination, Linda, to Sutphea's satisfaction, to have structurally failed due to defective design or workmanship. Sutphen's obligation under this warranty is subject to the conditions precedent: (1) that the claimed failure shall have first appeazed during the warranty period; (2) that the original purchaser shall have notified Sutphen in writing of the claimed failure within thirty (30) days after the claimed failure shall have first appeared, and (3) that, unless Sutphen du•ects otherwise, the claimed failed item or items shall have been returned to Sutphen, or to Sutphen's designee, promptly after the notification, with transportation charges prepaid. Sutphen reserves the right to thoroughly examine the vehicle or parts thereof, prior to conducting or approving any repair or replacement, to determine whether the claimed failure is covered by this warranty. Sutphen s obligation under this warranty is strictly limited to repair or replacement as the company may elect.The warranty is pro-rated for a period of ten (10) years from the date of delivery as follows: first three years, one hundred percent; four years, seventy-five percent; five years, fifty percent; six years, forty percent; seven years, twentyfive percent; eight years, twenty percent; nine years, fifteen percent; ten years, ten percent. In advance of the original purchaser effecting repair of replacement of a structural component or components found by Sutphen to have structurally failed due to defective design or workmanship, approval for the repair or replacement must be obtained from Sutphen's Customer Service Department. Rspair or replacement must be made by a facility approved in advance by Sutphen. Failure to obtain either or both of the advance approvals voids this warranty. Coverage under this warranty of labor for repair or replacement is limited to the time or amounts reasonably necessary, as determined by Sutphen, to make the repair or replacement. Labor time or amounts deemed excessive by Sutphen are not covered under this warranty. Any repair or replacement effected by Sutphen under this warranty is itself warranted under this warranty for the duration of the warranty period subject, however, to the provisions of this warranty as are applicable to the structural component or components repaired or replaced by Sutphen. Further, this warranty shall be void if the vehicle is involved in an accident, shows signs of abuse, or evidence of being operated in an improper manner. This limited warranty covers only repair or replacement of any part of a Sutphen vehicle in which a defect in materials or workmanship appears within the limited warranty period. Examples of items not covered include, but are not limited to: A.---Major components or trade accessories such as purchased chassis, engines, signaling devices, batteries, tires, generators, or transmissions that have a separate warranty by the original manufacturer, or to equipment used in fire fighting. B.---Unauthorized alteration or modification to the vehicle, including the body, chassis or components, after completion of the vehicle assembly by Sutphen and any problems that occur as a result of such alterations or modifications. C.---Damage caused by collision, fire, theft, freezing, vandalism, riot, explosion, acts of God, war or objects striking the vehicle or any damage covered by owner insurance. D.---Damage caused by misuse or improper operation of the vehicle such as driving over curbs, overloading, racing or off-road use. E. Damage caused by failure to follow the requirements of the maintenance schedule, failure to maintain proper fluid and lubricant levels and failure to follow operating instructions. (continued) r'~ SUTPHEH' CORPORATION SEVEN (7) YEARS PAINT WARRANTY SUTPHEN CORPORATION (Sutphen) warrants vehicle exterior paint finish of fire apparatus against peeling, cracking, and lack of adhesion, provided the vehicle is used in a normal and reasonable manner. This warranty is extended only to the original user/purchaser. Sutphen's obligation under this warranty is strictly limited to repairing or replacing as the company may elect. The company reserves the right to require any such repairs to be made either at a company owned service facility or another approved service facility at the company's option. Transportation cost to and from the servicing location is the responsibility of the user/purchaser. Further, this warranty shall be void if the vehicle is involved in an accident, shows signs of abuse, or evidence of being operated in an improper manner. Periodically check apparatus for chips and scratches in the paint and repair them with touch-up paint furnished upon delivery, or equal. Several times a yeaz wash underneath the apparatus, especially during winter months. If power wash is used, use a fan spray only or it may damage the undercoating or paint. If damage of undercoating or paint occurs, prime, paint, and re-undercoat areas where bare metal is showing. Take truck in yearly to Ziebart, for first ten (10) years, to have undercoat inspected by an Authorized Ziebart Dealer and they will do any touch-up of undercoating under truck for ten (10) years under Ziebart Warranty. Sutphen's obligation under this warranty is subject to the conditions precedent (1) that the claimed failure shall have first appeared during the warranty period; (2) that the original purchaser shall have notified Sutphen in writing of the claimed failure within thirty (30) days after the claimed failure shall have first appeared, and (3) that, unless Sutphen directs otherwise, the claimed failed item or items shall have been returned to Sutphen, or to Sutphen designee, promptly after the notification, with transportation charges prepaid. Sutphen reserves the right to thoroughly examine the vehicle or parts thereof: prior to conducting or approving any repair or replacement, to determine whether the claimed failure is covered by this warranty. Sutphen's obligation under this warranty is strictly limited to repair or replacement as the company may elect. The warranty is pro-rated for a period of seven (7) years from the date of delivery, as follows: first year, one hundred percent; second year, seventy percent; third year, sixty percent; fourth year, forty-five percent; fifth year, thirty-five percent; sixth year, twenty-five percent; and seventh year, twenty percent. This limited warranty covers only repair or replacement of any part of a Sutphen vehicle in which a defect in materials or workmanship appears within the limited warranty period. Examples of items not covered include, but are not limited to: A ---Major components or trade accessories such as purchased chassis, engines, signaling devices, batteries, generators, tires or transmissions that have a separate warranty by the original manufacturer, or to equipment used in fire fighting. B. --- An unauthorized alteration or modification to the vehicle, including the body, chassis or components, after completion of the vehicle assembly by Sutphen and any problems that occur as a result of such alterations or modifications. C.---Damage caused by collision, fire, theft, freezing, vandalism, riot, explosion, acts of God, war or objects striking the vehicle or any damage covered by owner insurance. D.---Damage caused by misuse or improper operation of the vehicle such as driving over curbs, overloading, racing or off-road use. E.---Damage caused by failure to follow the requirements of the maintenance schedule, failure to maintain proper fluid and lubricant levels and failure to follow operating instructions. F. ---Incidental expenses such as loss of vehicle use, inconvenience, loss of time, vehicle rental, loading or travel costs, vacation pay, etc. G.---Gold leaf or striping and Scotchlite emblems or decals, except that which is affected by repair. H. --Damage caused from exposure to road de-icing compounds or use in an acidic environment. continued ~ +~ S SUTPHEN° CORPORATION LIFETIME FRAME WARRANTY SUTPHEN CORPORATION (Sutphen) warrants to the original user/purchaser only of a Sutphen chassis, that the frame rails are free of defects in material and workmanship, ordinary wear and tear excepted, for the lifetime of the vehicle. Sutphen's obligation under this warranty is strictly limited to repairing, as the company may elect, any part or parts of such frame rails which the company's examination discloses to be defective in material or workmanship. The company reserves the right to require any such repairs to be made either at a company owned service facility or another approved service facility at the company's option. Transportation cost to and from the servicing location are the responsibility of the user/purchaser. Sutphen's obligation under this warranty is subject to the conditions precedent (1) that the claimed failure shall have first appeared during the warranty period; (2) that the original purchaser shall have notified Sutphen in writing of the claimed failure within thirty (30) days after the claimed failure shall have first appeared, and (3) that, unless Sutphen directs otherwise, the claimed failed item or items shall have been returned to Sutphen, or to Sutphen designee, promptly after the notifications, with transportation charges prepaid. Sutphen reserves the right to thoroughly examine the vehicle or parts thereof, prior to conducting or approving any repair or replacement, to determine whether the claimed failure is covered by this warranty. Sutphen's obligation under this warranty is strictly limited to repair or replacement as the company may elect. This warranty shall be null and void if the frame shows any evidence of alterations, cutting, splicing, additional welding or drilling of rails or flanges without the written authorization of Sutphen. Further, this warranty shall be void if the vehicle is involved in an accident, shows signs of abuse, or evidence of being operated in an improper manner. The frame and under carriage shall be washed and painted, by the owner, where needed, semi-annually or as conditions require; if rust starts, it must be properly primed and painted or warranty shall be voided. Periodically check apparatus for chips and scratches in the paint and repair them with touch-up paint furnished upon delivery, or equal. Several times a year wash underneath the apparatus, especially during winter months. If power wash is used, use a fan spray only or it may damage the undercoating or paint. If damage of undercoating or paint occurs, prime, paint, and re-undercoat areas where bare metal is showing. Take truck in yearly to Ziebart, for first ten (10) years, to have undercoat inspected by an Authorized Ziebart Dealer and they will do any touch-up of undercoating under truck for ten (10) years under Ziebart Warranty. This limited warranty covers only repair or replacement of any part of a Sutphen vehicle in which a defect in materials or workmanship appears within the limited warranty period. Examples of items not covered include, but are not limited to: A. ---Unauthorized alteration ar modification to the vehicle, including the body, chassis or components, after completion of the vehicle assembly by Sutphen and any problems that occur as a result of such alterations or modifications. B. ---Damage caused by collision, fire, theft, freezing, vandalism, riot, explosion, acts of God, war or objects striking the vehicle or any damage covered by owner insurance. C. ---Damage caused by misuse or improper operation of the vehicle such as driving over curbs, overloading, racing or off-road use. D.---Damage caused by failure to follow the requirements of the maintenance schedule. E" ---Towing charges and storage expenses. F. ---Incidental expenses such as loss of vehicle use, inconvenience, toss of time, vehicle rental, lodging or travel costs, vacation pay, etc. G. •--Damage caused from exposure to road de-icing compounds or use in an acidic environment. coo~inued ~. ~` y ~. • ~ f ~ I ~.. ...r Y~r, L iE ,,~Tti'~'3, ;,, s Sv '. '~ G_ yi : ~'-t . M', ~ ~ "ls S.i ~ N C,,`f q P Q -i S9. -ate ~ ~_,~' ~ ~~~ a, i_- ~ `~' - Y '~~ ~ .~ U3':~~lp .~ ~~ "e. ~ ~. ~~d}'m D G~...s~' S i9 ~.k~ '~ l.r ,rte x'~.~1 ~:Yt i ~ 'YI tQ~~'t .~--~~?` a ~ a~• ~}~~ , ~.~ 8"" ~' _ yc a;`_ -mot ' ~ ~ N> ~ ~~~ ~ ~ ` ~ ~ fit' 4 Y~+ k F{ ~~ { ,t..f t. ~ V WiW-YJiI•J~alli li nl..flL~l~i NEW PRODUCT WARRANTY All1SOII7~n~~~SlOII (Eft'ective 1-1-96) PARTICIPATING OEM SALES Division of General Motors Corporation DISTRIBUTOR SALES • LIMITED WARRANTY ON NEW ALLISON AUTOMATIC TRANSMISSIONS USED IN AUTOMOTIVE FIRE APPARATUS APPLICATIONS Allison Transmission Division, General Motors Corporation will provide for repairs or replacement, at its option, during the warranty period of each new Allison Transmission, listed below, that is installed in an Automotive Fire Apparatus in accordance with the following terms, conditions and limitations. WHAT IS COVERED • WARRANTY APPLIES -This warranty is for new Allison Transmission models listed below installed in an Automotive Fire Apparatus and is provided to the original and any subsequent owner(s) of the vehicle during the watranty period. • REPAIRS COVERED -The warranty covers repairs or replacement, at Allison Transmission's option, to correct any transmission malfunction resulting from defects in material or workmanship occurring during the warranty period. Needed repairs or replacements will be performed using the method Allison Transmission determines most appropriate under the circumstances. • TOWING -Towing is covered to the nearest Allison Transmission Distributor or authorized Dealer only when necessary to prevent further damage to your transmission. • PAYMENT TERMS -Warranty repairs including parts and labor, will be covered per the schedule shown in the chart contained in section "APPLICABLE MODELS, WARRANTY LIMITATIONS AND ADNSTMENT SCHEDULE". • OBTAIMNG REPAIRS - To obtain warranty repairs, take the vehicle to any A1Gson Transmission Distributor or authorized Dealer within a reasonable amount of time and request the needed repairs. A reasonable amount of time must be allowed for the Distributor or Dealer to perform necessary repaus. • TRANSMISSION REMOVAL AND REINSTALLATION -Labor costs for the removal and reinstallation of the transmission, when necessary to make a warranty repair, are covered by this warranty. • WARRANTY FERIOD -The warranty period for all coverages- shall begin on the date the transtttission is delivered to the first retail purchaser or, if the transmission is first placed in service as a demonstrator prior to sale at retail, on the date the transmission was first placed in such service. The warranty period for all coverages shall end at the expiration of the coverage set forth below. APPLICABLE MODELS, WARRANTY LIMITATIONS AND ADJUSTMENT SCHEDULE ` ~ ~Cot~il)S ~.~ ~ sr~~ Nees ~, ~, -p"ac'ts ' _ ~ Lahorr, - 0-36 No Limit No Charge No Charge 0-24 No Limit No Charge No Charge 0-24 No Limit No Charge No Charge 0-24 No Limit No Charge No Charge 0-b0 No Limit No Charge No Charge 0-b0 No Limit No Charge No Charge • I'I~ILE L1M1TEll WAlt12AlVTTY ~XPItirSS WARRANTY: Hale Products Inc. ("Hale") hereby warrants to the uribinal buyer that product, ma,iul'actured by it arc tree of detects in material and workmanship for twu (2) years ur 2000 huurs usa6c, whichever shall first occur. The "Warranty Period" commences on the date the ori6inal buyer takes delivrn~ ul'-he product from the manufacturer. LIMI"1'A"PIONS: HALE'S obligation is expressly conditioned on the Product bcinb: - Subjected to nominal use and service. - Properly maintained in accordance with HALE'S lnstruclion M:u~ual as to rccunuu~ndcd scrvicr, and procedures. - Not damaged due to abuse, misuse, negligence or accidental causes. - Not altered, modified, serviced (non-routine) or repaired other than by an Authurizcd ticr~~icc Facility. - Manufactured per design and specifications submitted by the original Buyer. "I'}-IL' ABOVE EXPRESS LIMI"1'ED WARRANTY IS EXCI.USIVEi. NO U'I'IIL-:It I:XI'RI:Sti WARRANTIES ARE MADE. SPECIFICALLY EXCLUDED A1tE ANY IMI'l,llil) WAItItAN'I-Il:~. INCL.l1DING WITHOUT LIMITATIONS, THE IMPLIED WAItRANT1I:5 U1~ Ml:lt('I IAN"1'A1311.1"I'Y (IIZ hffNL'SS hOR A PAItTICULAIt PUltl'OSE OR USE; QUALI"fY; CUUItSIi UN l)I~ALINC;; USAGI: UI• TRADE; OR PATENT INFRINGEMENT FOR A PRODUCT MANUFAC"1'IJItIsD "1'O ~ltIG1NAL BUYER'S DESIGN ANU SI'ECIhICA'fIONS. EXCLUSIVE REMEDIES: !f Buyer promptly notifies HALE upon discovery ufany such Jclccl (wilhil~ the Warranty Period), the following terms shall apply: - Any notice to HALE must be in writing, identifying the Product (ur component) claiincd dulcctivc and circumstances surrounding its failure. - HALE reserves the right to physically inspect the 1'roducl and require liuycr to return same to 1-IALE'S plant or other Authoriccd Service Facility. - In such event, Buyer must notify t-IALE for a Returned Uuods Authorization number and ljuycr u~u,i return the Product F.O.B. within (30) days thereof. - If determined defective, HALE shall, at its option, repair or replace tlic 1'roJuct, ur rclund the purchase price (less allowance for depreciation). - Absent proper notice within the Warranty Period, HALE shall have no lurthcr liability or oblibatiun to Buyer therefore. THE REMEDIES PROVIDED AItE "fHE SOLE AND EXCLUSIVE RL'MI:UII;S AVAIl.Al3L1;. IN Nl ~ L'VENT SHALL HALE BE LIABLE FOR INCIDENTAL OR CUNSL:QUI;N"I'IAL UAMA(~[:5 INCLUDING, W[THOUT LIMITATION, LOSS OF LIFE; PERSONAL INJURY; DAMAGE 7'O REAI. OR PERSONAL PROPERTY DUE TO WATER OR F[RE; TRADE OR OTHER COMNIERCIAL LOSSES ARISING, DIRECTLY OR INDIRECTLY, OUT OF PRODUCT FAILURE. `HALE PRODUCTS, INC. •A Urlif of fDEX Corporation • 700 Spring Mill Avenue • Conshohocken, PA 19428 • TEL: 61U-H25.1;;IW • FAX ti r0.8.~:1 t;.l.lcl _ Il.d: Nnnlul P r .nnnd . ~ :u~ue rr~yr m:.W~~q r . V y-..•d ~ ., ~ Idrhxr b:•.nllxxl Iran mgaolxr m.nrxrn.nn .• ~1 ~~~///T~~~""" 1 ~... •'~ 11.~.•1lurhn l•.r.r,~~.lnx..dd,_rnn, br lr.~lx..l~,,l,i. r ~ti/`/ti~i ~ ! ~~~_- ~ r_ puuhx 1 w.an.nx~ 1'rndnr 1 •.p~•crLr .x.•x.'. r ..ra r r.. ~1 ' r IOEX CORPONArIOH nremrr.a .ore ..nq, r.l p.. b.rrr~p .,nr..a ,,..1.. . CUSTOM PRODUCTS . Unlirnit :: VVarran _ tY On ALL F.R.P. and~or POL-E Composite-Water and~or Foam Tanks ~ ~- ~~ Serial Number . ... ................................ ... j~ - - ,: ~, ip ,; ~' ~~a~. ~ ~~ ...... ................................................... Tank Size ~~~ • •, V, ~ ~. ~ - C- q l- ~ ~>~ `,j~ Delivery Date `; M. i) " ~ x~ ~K ~ ................................... .... ......... w T ~, ~,~ Type .:.. i {~ ~ ,~ '~ O.E.M. Purchase Order No. - ~~ ,.-``~r ~ :i it ~.~ ~ ~ ~ ~': = ~'+I Unit No, ~ ,~i~. Original Owner afi Apparatus ............................................ ~; ~_ ~_~: ~.,; SEE DETAILS ON BACK - /. ~si>'' ~ji~~~~~,'~'~ . , i''~IY~~'•~'~.~,~;1; ~+r~y~, ,.-~;e"~ Fa~+,~~.: sr ~'. ^ ~ t ir~/~~~L'~ i ~'';`J -. '~~P~'~' i, ~ ~j lF~~~ • ry ~/~: ".~.,'' 3~ ~ : `II+ ~ I~!~,'rrr~7~A, f Ar '~~I j'l'.~' h a~~~:,~ 3Y ~ ~/1', ~~~~' '~ ' ~1,1~1~ '(11 ~`~Yr~l 111~~~'~ ~A ~~~~+.V~y~Si~~, Ayy~. ~ity~GV`~k~ ~~~ i. ~~ r,~Ur. ~~o . X,J~{'a~n. Cyr, r~,~,ra ; : ~ 3Y ~= .~A~~ : A ~~j ~~b'~' ~+ S~i'h :' r ~ ~ 1eR+ ,.,~i r~11~~~ V 1 '~ ..~5?-. ./ %ie.~.. v~7w~ ~."'S'Afr:. ,ia6•°._`C ~ ' 4. ..'A ~~w' rtn:'3G.u,~i:iti.:. .yta~ ~. ~~'fti~.. 'it~``~~.~.~.rQt'Sr~ : _•~,_ ~~~:~' d'iR~i s • its J~ v ~`~. A '~- n-.i~ r .~ ~ \ ~ ~ 1 ' '+~ `' . ~ ~ "~,- r J f ~ m W . _ 1 ^~ ~S If...6a ~ __ ... ~ --' '- ~ It :~. ~.-.---- ~, ~ . ~> 1 ~.~ a, .._...__.-----..-.._ ~ ~r- - t ~ ;. =; :._... ~; _ ~ -+ s ~ - _ f ~ ' F' I ~ , ' ~ i ~ ~ ~ ~ ~ . 1 ~ ~ 1 ' ~ ' i t ~ ~ .': /o a,~ ~ ~~ j~o r" ' ' • ~ a{~ ~ e ~ ~ ~J ~ vv 3Cv! .7 ~O O~ ~ i I 1- ~... ~ ~ r ~t ~_~ :.-.. ~ ~ ~ ~ 4 ~ i 1 ~ ' `M LaJ r ~ ~ ' '~' i ~ ' ~ ' ' , , ._ ~ ~ ? . 1 ~ l~.i I _ ~ 1 ~v _..__. ----- i ... r~ r. C7 CJ n 4 7 ~} S T J • O 1 v ,., ~. Memorandum ,, ~~ To: Michael R. Couzzo, Village M From: James M. Weinand, Fire Chie Date: March 5, 2002 Subject: Piggy Back purchase of a n(~w structural firefighting pumper +E~ In conjunction with our ten-year debt service plan and the age of our vehicle, we must consider purchasing a new fire pumper (structural firefighting) vehicle. Our current vehicle is a 1991 Sutphen pumper on an International chassis, which has 57,121 miles on it. Mileage is not the determining factor on replacing a firefighting vehicle because most of the vehicles' running time is at idle. Last year we had to replace the transmission in this vehicle and the fire pump will need to be overhauled in the next couple of years. When the decision was made to purchase this demonstrator vehicle on a commercial chassis, I advised the Village Council and Manager that we would get approximately ten years front line use out of this vehicle. Although these commercial chassis vehicles are less expensive they do not hold up for long-term use. The 1991 Sutphen pumper has served its purpose and is now ready to be placed in a reserve capacity. We priced this vehicle out with three top-quality fire apparatus manufacturers; Sutphen • Corporation, Pierce Manufacturing and Ferrara Fire Apparatus. Our apparatus committee met with all manufacturers several times to ensure consistency in vehicle components. Ferrara Fine Apparatus declined on submitting a price for this vehicle. Pierce Manufacturing submitted a price of $293,848.00 and Sutphen Corporation submitted a price of $301,490.58 (both prices are based on pre-payment discounts). After analyzing the vehicle specifications, it was noted that the Pierce vehicle has about %Z the hose carrying capacity than that of the Sutphen vehicle. It was also noted that Pierce Manufacturing reduced the fire pump compartment to meet out vehicle length specification. This could result in higher maintenance costs and longer down time for the vehiGe repairs. Although either vehicle will serve our purpose well, I recommend the purchase of Sutphen Vehicle. This recommendation is based on the items listed above and the fact that our current vehicles (pumper and ladder truck) were produced by Sutphen Corporation. Factory-trained individuals complete repairs and maintenances on these vehicles in our apparatus bays. By keeping the same manufacturer, consistency in maintenance will continue by one company, thus creating standardization in parts to be stocked and replaced. The Sutphen manufacturer has extended their pricing from the City of Orlando purchase and has given us permission to piggyback off this purchase. (See attached purchase order #5883-000-OP) Staff recommends this purchase be awarded to Sutphen Corporation, Inc of Amlin, Ohio, • for $305,860.20, with the finance department determining best procurement option for the Village of Tequesta. We further request that this item be placed on the March 14, 2002, Village Council Agenda for their consideration. M:\Administration Documents\Village Manager12002 Pumper Award.doc 03/,04/2002 12:06 3522458752 STANEBROWNINC PAGE 02 ~ ~j SUTPHEN' To The: Village of Teyuesta l'.O. Box 3273 7'equesta, Florida 33469 FOR YOUR. REVIEW: A`AMIILY UW NEA ~`>E ~e~ Dwte: September 27, 20Q 1 We hereby propose and agree to furnish the following fire fighting apparatus upon your acceptance of this proposal: One Sutphen Custom Rescue Pumper Man$rch Series Completed and Delivered for the Total Sutn of ..................................S30S,860.20 • Less aiscotuxt for Downpaytnern ...................• , ..'..... S -4,369.62 Total Amount........ .$3()I,~t90.~8 Terms: See purchwa~e agrecmrnt included herewithin. if you pay une quwrter (2S°/.) Downpayaaent (576,465.05) within 30 days of signing of contract you >aAy DEi)rJCT 54,369.62 from our bid price. See Attached agreement, which will be txtattufactured completely in accordance to the following proposal and delivered approximately 10 to l2 months after appro~~al of contract, subject to delays from all causes beyond our control [finless accepted within 30 dnya the right is reserved to withdraw this propasal. SW~LGr~/Repre tative: Respectfully submitted by: ,~ / ~ ~~:~ Robert 13awmwn Richard S. Hartwell Regional mar,aQer • Sutphen Corporation 7gOU Columbus-Ibluryevillr Rued Amiin, Otl 43002 Tel 614 KK9.1005 Toll Free HUU f;4$-58fi0 Fax fi14 8139-087-1 Weh ~rww.sutphen.ronx Email sutphen~sutphencorp.com 10/3Q;2001 15:36 FA% 614 88fl 0874 SUTPHEN CORP ~ 002 _ _ _ , _ ~~ ~~ P.O. NU1vIBER 58$3 - 000 - OP VENDOR SHIP TO Sutphen Fire Equipment Fleet Replece~lent Prg 7000 Columbus Malyevlle Road Attn: Jlm Bowlln ®a07 2482127 XJ61 AmAn OH 43002 1010 5 Wesunareland Orlando FL 32905 P.O. DATE VENDOR SHIP VIA P.O.B. DELIVER BY 1!31/01 101621 NOB - Destlhatlon 928/01 ORDER PLACED WITH FREIGHT TERMS BUYER NAME AND PHONE NUMBER D Net 90 days Roger Cooper (407 ~4fi-2364 ITEM ACCOUNT CHARGED QUANTITY DESCRIPTION UNff PRICE AMOUNT This purchase ardor Is In accordance with le[tCrs of December 19, 2000, and January 22, 2001, as wall as proposal and sparl6catlons of Decemher 19, 2000, from Richard 5. Hartwell. • ~ ~ .~t.. 1.000 746.661$.050 2 EA ~ flrtiTruck-Pyrnper 325,57fi.8500 651,153.70 22-0500 ~ ~~~ ~ ~~ Req.# 00005597 , , ~ ~ ,. 0618.040 (10yrs) `. ,, ~ .. . Total Order 651,163.70 ,~. SEE REVERSE FOR VENDOR IN57RUCTIONS~, ~ ., ~ ~ , . . . . ~ ~ ~ •~ .F ~ ~ ~ • r ~ ... ~ ,~ - ~~ .. ~ ~. ,~ ~~ • . ~ ~ ,. ~ . ~ ~$ SUTPHEN° .• Village of Tequesta Chief Jim Weinand P.O. Box 3273 Tequesta, FL. 33469 TEpUESTA FIRE RESCUE ocT z 9 Zoos ADM1NlSTRATlON Fi~:4IILY OWNF~ SINCE 1890 Re: Sutphen proposal of Sept. 27, 2001 for one Monarch Series Rescue Pumper. Dear Chief Weinand; We will extended the prices quoted in the above subject proposal until December 31, 2001. We will accept this order as a "Piggy Back" to our existing order far two Monarch Series Pumpers for the city of Orlando, FL. with the delivery as quoted in our proposal. If you have any questions. please contact me at 727-593-5884. Sincerely, ~ ~ /J; f._ fv" Richard S. Hartwell Regional Manager • ~~iii~~ie~~~~l ~.~EBi'~3(3T"cJ~1C'f3. i ~:;ik'.-! ~.i)i~,'3l'.+~L1.~ `~iLl.r ;~;I~~t i~,03f1 cyirl~lii. ~j~~ ~~7~~,L .a ~s-~ ~5£3'~,I~9~~j I'cil+ ~re~, $+s!; ~~8-S~iC'irt F~ex F1~I ~~:~-C)~7~ ~~'4~i? -.:.- .,.~-.'•:r'(`s;Y:.. 'ti' ~+x~idt~ .i11~~ Fl~zl~,`_it~lll~P~~(jTT~.C7P.3 • • M~norandum To: Michael R. Couzzo, Village From: James M. Weinand, Fire Ch' Date: February s. 2003 Subject: Equipment I~t fbr new lineflghting pwnper As you are aware on tMar+ch 14, 2002, the Vilage Counal approved the purchase of a neMr Sutphen Fine pumper and established a higher level ~ service in the Community by plaarig the 1991 Sutphen pumper into a reserve capacity. included in the IUlarch 14, 2002, resolution was t~ autl~orizetion to purchase $93,000.00 v~rorth of additional equipment fo property furnish this vehicle. Below is a Est of equipment that needs to be pun:hased for this vehk~e. The fist below is not a comprehensnre list of the equq~rnent for this vehicle. it's just a Gst of large ticket items that wiN be included with th® financing. ~Y 6 6 1 12 19 1 1 3 2 ,2 1 1 1 1 1 Equiprr~nt Breathing Equipment (SCB~A's) ~~ ~~ ~ ~dl EKG Monitor 100' IenOths of 5" Fire hose 50' tenths of 1-314" Fine hose ~ tie diamefier (5"h intake valve ~ Ventilation Master Saw ~ 1-112" turbojet nozzles + 2-1/2" turbojet nozzles ~ 2-112" stack tip nozzles Extrication Power Unit ~ Hurst ML 32 spreader ~ HydrauNc reel ~ Hurst ML-75 cutter 800 Mhz dash mount radio TOTAL COST Unit Cost $3,405.00 ~r i 9.00 $25,053.45 $505.00 $92.00 $985.OOE $1,595.00 $468.00[ $490.00 $646.00 $6,456.60 $6,186.60 $2,611.80 $3,837.60 $4,106.Q0~ Totd Cost $20.430.00 $4,s7a.oo $25,053:45 $6.060.00 $1,748.00 $985.00 $1,595.00 $1,404.00 $980.00 $1,29.00 $6.456.60 $6,186.60 $2,611.80 X3,837.60 $4.106.00 $87,420.05 • IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN • Err~CTIVE DATE.-Village Manager Michael R. Couzzo, Jr. C. Resolution No. 20-02/03-A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE AND RELAirli INSTRUMENTS, AND DETERMINING OTHER MAt t~RS IN CONNECTION THEREWITH, TO ALLOW THE VILLAGE OF TEQUESTA TO PURCHASE A SUTPHEN CUSTOM RESCUE PUMPER MONARCH SERIES AND RELATED LOOSE EQUIPMENT IN THE AMOUNT OF $397,922.02, HAVING ArrnOPRIA 1 rli AND BUDGETED FUNDS TO PAY INTEREST AND PRINCIPAL IN FISCAL YEAR 9/30/03, AND AUTHORIZING THE VII.LAGE MANAGER TO EXECUTE THE APPLICABLE DOCUMENTS ON BEHALF OF THE VILLAGE. Fire Chief Jim Weinand D. Resolution No. 21-02/03-A RESOLUTION OF THE VII..LAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A PROPOSAL FROM LAWRENCE. FENCE CORP. OF JUPI t rx, FLORIDA, TO PROVIDE TWO (2) BALLFIELD FENCING, BACKSTOPS AND DUGOUTS AT TEQUESTA PARK IN THE AMOUNT OF $39,286.00, HAVING A FY 2003 BUDGET ALLOCATION OF $40,000, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE: Recreation Director Greg Corbitt VIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED: If any person decides to appeal any decision made by this Council with respect to any matter considered at this meeting or hearing he/she will need a record of the proceedings, and that, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. PROCEDURES FOR PUBLIC PARTICIPATION PUBLIC HEARINGS: Any citizen is entitled to be heard on an official agenda item under the section entitled "Public Hearings," subject to the three-minute limitation. COMMUNICATIONS Any citizen is entitled to be heard concerning any matter FROM CITIZENS: under the section entitled "Communications from • Citizens," subject to the three-minute limitation.